Behavioral problems but no academic problems


I'll leave the legal answers to the experts.
My son with-Asperger's has behavioral problems in school also. The s.d. could not classify him fast enough (said it was their quickest classification) because they could not deal with the behavior without special services.
Assuming that you are not in a hurry to get any academic services, one thing you can do is let your son's behavior take its course. If the s.d. ever comes to the point where they can't deal with him, believe me they will classify him faster than you can say IDEA.
Make sure to read Martie's "its that time of year all read" post, so that you can protect him from disability-related suspension/expulsion.
I think they are feeding you a line of baloney.
I noticed you are in Texas. Me, too.
You might want to consider filing for a mitigation hearing. Send it to TEA in Austin and a cc: to the Superintendent. The State can get this set up in 10 days. I don't know whether there is a timeline for the parent to file for the mitigation -- check it out. My contact there said they accept faxes -- they just need a letter with-your signature. When you talk to them, ask them what you should include in your letter.
Also, in writing, do a letter of understanding and state the information in your post and other info you might think is pertinent. Send it to the Superintendent and cc: to everybody that attended the meeting. Name names -- X said this, Y said that. The best bet is to send all correspondence to the school district by certified mail. I also send them by email and fax to cut down the mail lag time on.
There is a toll free number for TEA -- it's for parents. It should be in the Procedural Safeguards the school district gave you.
Also, here's a link to a child advocate group in Texas. They help parents navigtate the school system. Send them an email -- tell them briefly the problems you are experiencing. Their services are typically free of charge. The woman that heads the organization has been a child advocate for years and is very knowledgable. T
easy child daughter: 24, former difficult child
easy child son: 19, outgrown most of his ADHD problems
easy child son: 14
difficult child son 10: ADHD, dysgraphia, Sensory Integration Disorder (SID), ODD, great kid until you ask him to do schoolwork

Thanks to those of you who replied. The problem that husband and i are having as well, is that our son doesn't really need academic support, and after meeting the Special Education teacher, we've decided that we really don't want her near our son, anyway. I mean she had the nerve, with-o even knowing my son, that his obsessions with gutters and then plumbing, and then electricity we're all normal for a child his age. EXCUSE ME???? how many other children do you know of at 4 years old, that can fix a toilet, replace a part, etc, when something goes wrong with it? that to me, is not my definition of a "normal" child. For now, the teacher believes us and has been working with us on her own. I have spoken to her about possibly transferring my son to another kindergarden room (since they're all on the same schedule) when he starts to act up. Soon after we talked about it, the principal called me up to tell me that there had been an incident that morning at school where my son was not listening to the teacher and had to be removed to another classroom so that he could finish his work. She wanted to call and let me know that they were going to start doing this for him, and she basically stated that this was all her idea, and how SHE wanted to help me out! THAT SO TICKED ME OFF!!!!!!!! I KNOW that son's teacher had told her of my request, and for the principal to call me and act like it was all her idea, and her way of helping us out just so made me MAD!
Unfortunately for us, our school system is kind of out there. And while it is up and coming, it's not quite up to par yet. I mean these people keep giving me the run around as to what services they can actually provide my son, IF he were to qualify for services. The sd tells me that it would depend upon his needs, and his testing results, and what he qualified for, and what we decided at his IEP. This is getting so frusterating. I'm not even sure, the sd has services to provide for my son.
My last question though is, if I get my doctor to fill out an Other Health Impaired diagnostic form, does the sd have to accept that, or do they get to reject that as well, based on their own observations and opinions?
Thanks for listening to me rant, and for your help!
mom to 6 yo aspergers
2 other darlings, and one on the way.

The web site address didn't seem to come out as a link in my last reply. Let's see if it works this time. If not you'll have to cut and paste it. ~~~~~~~~~~~~~~~~~~~~~~~
I'll leave the legal answers to the experts.
My son with-Asperger's has behavioral problems in school also. The s.d. could not classify him fast enough (said it was their quickest classification) because they could not deal with the behavior without special services.
A's mom, i hope you don't mind me asking, but what special services does your son receive for his behavioral problems. Does he also receive any kind of social skills classes?
mom to 6 yo aspergers
2 other darlings, and one on the way.

Like your child, my son has no learning disabilities (in fact he's far ahead of his class in all areas). His only issues are behavioral, but unfortunately his behavior problems are substantial.
My son has a 1:1 aide who is supposed to help prevent meltdowns by escorting my son out of class as necessary. He also has a behavior plan (he earns fake $ for staying in class and for doing classwork, and he can buy privileges at home with the $). His iep calls for social skills training, but the sd has not provided it as yet. I found private social skills training, and when I asked the sd to pay, they suddenly said that they'll be staring social skills training with my son right after spring break.
There is another parent, Elise, who posts on the general board. She has an 8 y.o. son with Asperger's and has had a lot of success getting her s.d. to provide social skills.
The sd is not yanking your chain when they tell you that the services they can provide depend on your son's needs. That is exactly what the s.d. is supposed to do: develop strategies and services to meet your son's individual needs. You and they can and should be creative about developing services to meet your son's needs.
When you say that you are not even sure if the sd has services for your son, you should know that is is irrelevant whether they currently have any particular services. If your son needs a particular type of support, the school district must create and supply it. They could also try to ship your kid out of district, which is something that my sd has been threatening from day 1.

If the sd rejects the OHI diagnosis from the dr., (1) they are stupid because they can't get funding to provide services for your son unless he's classified and (2) you can ask for a due process hearing -- the sd is not the final word. You should read up on IDEA. This is an overly simplistic statement, but basically if your son has a disability that interferes with his education, and if the provision of services would enable him to receive an education, then he should qualify.


New Member
Hi Lori,

I am a little confused by your thread. Please clear up a few points for me---

When you attended the eligibility conference for your son, how was the final issue of eligibility handled? Did you sd state that you son did not qualify for SpEd on any level? Or did they simply turn him down for learning disability services?

You also mentioned and IEP---under what category did you son qualify for the IEP? My guess is Social/Emotional Disorders---especially if the sd is contesting the Asperger's diagnosis. OR was your son qualified under Autism?

In the end the services shouldn't be affected by the diagnosis---because his services should be determined based on his needs!

If you son is not having academic problems but is having behavioral issues, then the IEP needs to address these problems. Your son should have specific minutes of services scheduled for: Therapy, social skills, etc. These services can be provided where ever it is appropriate.

Your son should also have a behavior management plan. This should be developed AFTER a Functional Behaviroal Analysis is completed. The Behavioral Intervention Plan should be implemented across the school day and all of his instructors need to be on the same page with this plan.

Your sd CANNOT disregard your doctor's input. In fact the sd MUST consider his/her recommendations and suggestions. To do otherwise violates your son's right to an outside evaluation and to have input from outside professionals shared with the sc hool in order to provide a working plan for him.

IF you have NOT held an eligibility meeting for your son, you should request one in writing ASAP.

Take a look at the post "it's that time of year again', you should get some good infor on how to create a paper trail.

I know that it can be infuriating when people disregard your expertise, and even go so far as to present your solutions as their own. Sometimes a smile and a nod will go a long way to keep your blood pressure down, and the waters smooth. IT's exasperating but,,,

Good Luck


Active Member
I went through a very similar situation with my son during his kindergarten year. Long story short he had a diagnosis of asperger's from a neurologist. School evaluated him for asperger's and said he had NO "educational disability" and took away his IEP. We now have a Pervasive Developmental Disorder (PDD) diagnosis along with ADHD, ODD, Obsessive Compulsive Disorder (OCD) - not asperger's - and the school still refuses the Pervasive Developmental Disorder (PDD) diagnosis. He still has no IEP but at the end of kindergarten, we were able to get him a 504 - they have to give you a 504 if he's got a diagnosis from a doctor but apparently can fight it more with the IEP.

He never had many services with the IEP and the only thing that changed with the 504 was that he no longer went to the resource room at the end of the day to turn in his behavior report. He also didn't go there to finish class work he refused to do. Instead, he stayed in at recess and did it with the teacher. We haven't fought much because things went really well last year - all depends on the teacher I'm sure. He got all A's and B's and his teacher handled his behavior problems beautifully.

My advice? Push for the 504 now because it's easy to get, and then push for the services. Document any problems, failures, and successes. If you want to push for the IEP and you're not happy with their evaluation, ask for an independent evaluation at the school's expense - and get a doctor who's experienced with asperger's.

Hope some of this helps.



The sad truth is in my opinion that if a child is at or above grade level, too many school districts will say there is "no negative educational impact."

Well folks--the social skills aspects of school are part of the curriculum, too, and the kids described above all are having "negative educational impact" THERE.

I disagree with one point LIZZ made: Yes a s.d. had to consider and outside evaluation but a DSM-IV diagnosis as never conferred automatic eligibility. All the district has to do is "consider" but then say their experts disagree. I have not ever seen this resolved very well short of some sort of outside procedures (mediation, Due Process, complaint to state) etc.

Take it from the mother of a teen with-o AS: the lack of social skills pile up and by adolescence, affect everything--the child often either gets removed from school (no protection if not IEP eligible) or simple refuses to go anymore.

been there done that (on refusal to go). Act early: social skills are part of educational progress and should be recognized as such.

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