Reply to School thinks DS has ASD, dev ped does not agree. Now what?

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[quote=Anonymous][quote=Anonymous]There are a lot of posters who have weighed in with advice about how things should work and whether something is legal or not. [b]I'm here to tell you how it really works.[/b]

You cannot get any type of services, OT, or otherwise with a 504 plan. You need an IEP. This is just a fact.

[b]But it is pretty hard to get an IEP for ADHD, especially for a child who has good grades, as many schools get push back from the central office for that. It's more rare to have an autism diagnosis so that would help your case or the school's case if you/they believe your son needs an IEP. 
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What kinds of behavioral issues does your child have? Is it inattention, being silly, defiance? Meltdowns at transitions or for other reasons? Peer conflicts? Is the behavior plan working or does he need explicit instruction on how to deal with issues that come up?

If the behavior plan is not working and you agree your child needs an IEP letting them move ahead with the autism testing will be the path of least resistance.

Some people have no problem with this even if they don't believe in the diagnosis but others do. This is up to you, but keep in mind you may have to expend significant financial resources and waste a lot of time if you try for an IEP under OHI.

Also I would think carefully about the teacher ratings and try to get more information about her concerns. The developmental ped. may be more of an expert on autism but the teacher is probably more of an expert on your child. While your child may not have autism the teacher had enough concerns that her ratings on the evaluation show he may have some characteristics which probably need to be addressed given the behavioral issues.[/quote]

My gosh.  Are you a teacher?  You are a walking legal liability for your school if so.

ADHD is not a "hard" diagnosis for which to get an IEP.  It is very clear in the law, regulation, Dept of Ed guidance, etc. that ADHD falls under OHI and it is also very clear that kids with good grades can qualify for IEPs.  A kid does not have to "be behind" as in be behind grade level, but they do have to demonstrate "adverse impact to education." This could be something as simple as Getting a B in a class instead of an A due to many missing homework assignments.  Also, a kid could need "specialized instruction", which could be as simple as instruction in how to use a planner and daily monitoring faded over time.

Also, it is one of the bedrock principles of IEPs that disability codes do not predetermine services.  If a school is saying a child with ADHD can only have 504 plans and these specific services but a child with an ASD code automatically gets an IEP and a different batch of services and special instruction -- well that is illegal.  IDEA mandates individual consideration of the child's needs.

I agree with others that it is important to make sure you think your child's disability is properly reflected in the code.  I made sure that my child's code was SLD (specific learning disability) and not ADHD, even though he has both.  I though the SLD code better reflected his need for specialized language instruction, whereas an ADHD code would have sent the message to teachers that his problem is attention.  He can be inattentive, but it is more due to difficulty processing multiple language streams or tasks, rather than simple inattention.  Teachers don't get access to the entire IEP file with all the detailed reports.  They get a 1-2 page summary of the disability code and the accommodations.  Whether we like it or not, the codes by themselves are not very descriptive and are a shorthand way of conveying a very stereotyped un-nuanced view of student strengths and weaknesses.

Also, it is not always necessary to "expend significant financial resources" to get an IEP.  We have found that it is often enough to make a complaint in writing to a supervisor in special education or the 504 office that explains how the school-based team is "not in compliance" with IDEA.  When I say complaint, I don't mean a formal complaint filing is necessary.  Just a simple factual letter with a note that what is happening is "not in compliance" with IDEA or Sec. 504 (whichever is applicable) and you would like the supervisor to help the school team fix things so that you do not have to "pursue due process resolution".  Special ed supervisors typically have a much better understanding of legal requirements and the (expensive) consequences of non-compliance. 
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