change of disability????

Discussion in 'Special Ed 101' started by cnels, Mar 23, 2007.

  1. cnels

    cnels New Member

    Hi! I'm new here. I wish I had known you all were here several months ago. School challenges have been rough with my 8yr old at a new school (school called him purposefully defiant). Recieved an emotional disability. Just got Aspergers Diagnoses, will the school change disability?? I have asked and was told ok then the buck was passed. But school may still need time to let the diagnosis sink in. My son has not been defiant since the behavior team was in and helped out.
     
  2. Martie

    Martie Moderator

    Hi cnels,

    Welcome to our world.

    What services your child gets are not determined by label but by need. I am glad the BIP is working. At the next IEP meeting (or sooner, if you request one) you could ask to have the diagnosis of Asperger's noted. However, it is not a separate category under IDEA so nothing will change.

    If I were you, I would want it noted but go with what works.

    Martie
     
  3. Sheila

    Sheila Moderator

    Some districts will purport that eligibility in one disability category precludes other services. That's incorrect.

    As Marti said, IEPs are driven by the unique needs of the student, not the eligibilty category.

    <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Services Based on Identified Need.
    The FAPE requirements...make clear that services provided to an eligible child must -- (A) address all of the child's special education and related services needs, and (B) be based on the identified needs of the child, and not the child's disability category. emphasis added
    </div></div>

    As an example, what this means is that although your child's eligibility is emotional, if he also need occupational therapy, has a math disability, etc., he is entitled to all services to also address those issues.
     
  4. cnels

    cnels New Member

    Thanks for your support. I am wanting it changed because the school was incredibly hostile when they announced,'we are looking at an emotional disability here!' They couldn't control him, and they were mad!! They put him in small groups below his level which has made him more comfortable, but now am ready (in fall) to have him at his academic level. Any ideas on how to do that?
     
  5. Martie

    Martie Moderator

    Get it written into his IEP. Federal law strongly prefers inclusion in Gen Ed classes with supports rather than special class placement--so all of the law is on your side.

    This SHOULD unambiguously be an easy win for you--but that does not mean it will be. SDs violate the law all the time, more so if they feel they can get away with it. Your job is to be knowledgeable of the law and ask for everything your son needs via the IEP, which just happens to conform nicely to legal mandates. Make sure you get everything in writing and into a formal IEP--no "on the side" understandings. They are not enforceable.

    Martie
     
  6. Sheila

    Sheila Moderator

    It's very hard sometimes not to want to say, "I told you so." But refrain.

    As the parent, you are part of the IEP team. As such, if you feel his IEP needs to be tweaked or rewritten, you can call an IEP meeting at any time.
     
  7. cnels

    cnels New Member

    I am having a hard time with the 'I told you so' part. Haven't done it...except walked that diagnosis in, and sat there as the principal read it...I guess that's an I told you so. And requesting the diagnosis being changed is too. So I'll be better. It's been a rough road...the principal told him she was going to call the police because he wasn't coming in after recess (he got upset at some minor friend issues). She has said she won't do that anymore in a team meeting in front of everyone...which was nice. And he's been nearly perfect since January.
    How can I get a less stressful enviornment in the general ed class? He does great in a small group setting, how do I get that in a classroom? The resource room has been good for stress level. Any ideas???
     
  8. Sheila

    Sheila Moderator

    No, as long as you don't say "I told you so," that's good. :biggrin:

    <div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">How can I get a less stressful enviornment in the general ed class? He does great in a small group setting, how do I get that in a classroom? The resource room has been good for stress level. Any ideas??? </div></div>

    A regular classroom with 30 students just isn't the same as a classroom with 10 students.

    Sometimes a mainstreamed student needs a 1:1 aid.
    Sometimes a specific safe place can be designated in instances where a child gets overstimulated and needs some down time.
    Sometimes small group might be the appropriate setting, but the IEP needs to insure a student stays academically engaged at the correct grade level for the student.

    Do some research at http://www.iep4u.com and google for ideas. The school district evaluation report should also contain recommendations.

    IEP means Individual Education Program, e.g., requires that the program be "individualized," "personalized," "tailored," and "specially designed" to meet the "unique needs" of that one child. "The purpose of the IEP is to tailor the education to the child; not tailor the child to the education. If the child could fit into the school’s without assistance, special education would not be necessary." [House Report 105-95 at p. 104]
     
  9. eaterbooger

    eaterbooger New Member

    Kinda glad that this was posted as it kinda directly relates to my question.
    Situation is 4 year old boy who has the medical diagnosis of Autism. He has had this medical diagnosis since enrolling in preschool program 2 years ago.

    His IEP states eligebilty as Developmental Delay and I was told that we didnt want to use "autism" because that will label him for life. I agreed not really knowing anything about this whole process.

    But now the situation is I dont feel he is getting an appropiate education that cooresponds with his weaknesses due to autism. Many times he is taken to a room by himself and not included with many activities. Nothing seems to have changed since putting him in preschool.

    So now am wondering if maybe they purposely left out the autism elegibity because it comes down to teachers/staff having the training and or ability to work with autism. They tell me in many IEPS they are getting trained in this or that, yet am I suppose to let his education go to waste (sitting in a room by himself) waiting for them to get the proper training and then utilizing it when they do get it.

    The latest thing has been the use of some type of pictures for communication. I have heard this entire year that when they get going with it they will train me at home to use it with him, yet I have not recieved anything and when I ask I get something like "Yeah we are working on that"

    Also his IEP reflects goals for Occupational Therapist (OT), PT and speech but nothing educational. Which brings me back to the whole autism elegibilty thing. By using developmental delay are they essentially ignoring the need for some education/classroom goals and saying his needs are going to be met by these services alone? Do classroom goals need to be addressed in preschool?

    Any thoughts would be helpful. I have been reading like cfrazy on wrightslaw and other places but thought maybe some of you may have some suggestions.
     
  10. slsh

    slsh member since 1999

    Hi Eater and welcome -

    It's been more than a decade since I've dealt with- a preschool IEP, but really I don't think it matters if the "diagnosis" on an IEP is daughter or autism. It doesn't change the meat of the IEP because your child's needs are educationally the same. You're not going to get more or less services based on the classification they use. *Individual* Education Plan. Way back when, daughter was simply a catchall term that they gave to pretty much every preschooler receiving Special Education regardless of cause (CP, MR, autism, Down syndrome, whatever).

    Sounds to me like it's time for you to request another IEP mtg. Seclusion in a room by himself is flat out wrong. I don't know a ton about autism, but I would think socialization would be high in the goal list. And yes, in my humble opinion, academic goals should also be addressed on a pre-school IEP.

    Why isn't he participating in all activities? Is this specifically addressed in the IEP?

    Staff training can and should be addressed in the IEP, with *dates* of completion.

    The picture communication issue really hits a nerve with- me. This is something that needs to be addressed now, firmly, again with- dates of completion - staff will train family (parent training is a related service under IDEA) on appropriate use of assistive communication using pictures or whatever by X date. If your son hasn't had an assistive technology evaluation done yet, and requires pictures to help with- communication, I would strongly recommend getting that done ASAP and writing into IEP when that will be followed through on. Trust me on this... 16 years after my son's first assistive tech (AT) evaluation and we're *still* reinventing the wheel when it comes to communication because our school district is utterly clueless about AT, won't follow through, and has thrown up enough roadblocks and other fires in my way that I've been completely useless in terms of advocating for a reliable functional communication system. This is doubly important if you think there's any possibility that he may not be a verbal kiddo, or even if he's not functionally verbal right now.

    Call for an IEP meeting, get them to stop isolating him (or have them put in writing when they *are* going to isolate him - hopefully they won't have the nerve to put it in writing), get specific dates for when they are going to do X, Y, Z, and polish up your armor!!

    Again, welcome!
     
  11. eaterbooger

    eaterbooger New Member

    Thanks for the advice. Yes I think certain things like training with the pictures needs to be addressed in the IEP with specific dates. I think a new IEP is in order for that.

    One thing that I came across today in researching is my state stipulates that a developmental delay eligibilty can be used at the districts discretion, but only if the child doesnt qualify under any other eligibilty critera. So he would qualify under autism yet the district still uses developmental delay. Seems not be right by the states regs. I know you say it doesnt matter, but makes me wonder why they are doing this. Maybe I am paranoid but something is not adding up here. On paperwork maybe this slides by as services are appropiate under daughter yet they know they are not under autism.
     
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