No IEP For You!

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DS meets the autistic criteria on the school's scale but doesn't meet the criteria for needing special education so we do not get an IEP. I'm not sure how to feel or what to think about this. They have offered to do a 504 plan but they were kinda non-chalant about it and no one committed to a time to meet to do that. So far they have been willing to make accomodations for him so I guess I will sit tight and see how it goes. I am bummed because he doesn't really like school this year (Kindergarten) and I haven't been able to get to the heart of why. He LOVED preschool. I know that there are a lot higher expectations for him in K and that's got to be a large part of why he doesn't like it as much, I just wish he enjoyed it more.

Regardless of his academic skills the fact that he is Autistic should warrant an IEP. He should still be offered services such as OT and speech. I dont think they can refuse you an IEP with a diagnosis of Autism. I could be wrong, they could have changed the laws but that does not sound right to me. I would speak to an advocate.

Yes, speak to an advocate, and take it to mediation if necessary.

My son is in Austin Independent School District in Texas, and I was told more than once by school administration that a child does not necessarily get an IEP just because he or she is autistic. The school system must evaluate the child and find a need for services. (Of note, the rate of autism is very high where I live. I was told that over 700 students in my school district are actually getting services for autism. I suspect many more either have been turned down for services, not identified, are being home schooled, or private schooled.)

My own son with classic autism was initially turned down for services. Then, six months later, I submitted further medical documentation to the school district central office and asked for a re-eval. Services were granted.

I was unable to squeeze OT services out of the school because they dragged their heels and put me off until we had gotten enough private help that my son didn't qualify. Pretty much the same for speech--a few group lessons but nothing serious because the school dragged their heels until I'd done a lot with him.

Some school districts are overloaded with kids needing services, and sometimes teachers at the school cannot recognize the severity of an issue.

I agree that you need to get assertive. I cannot imagine a child with classic autism not benefitting from having an IEP.

Yeah it all seems weird. They acknowledge without hesitation that he meets their criteria for having a "disability" but because he is ahead of the other kids academically and not behind, they don't see what the spec ed teacher could do for him therefore (this is the connection I have trouble making) he doesn't need an IEP. The OT did tell me today that she would see him once a week where before she had stated that no IEP=no OT. She stated she could do it as part RTI (response to intervention). Now I don't get if this is local school district policy or what, I haven't heard that term before. The school counselor also told me that she is starting a social skills class and that he would be included in that regardless of whether or not he had an IEP. They also agreed to let him go to the first grade classroom for reading and they agreed to pull him from this really boring Language for Learning program and let him do FastMath on the computer instead. Is the document worth fighting for if they are willing to do (and follow through on) some of these other things? I just don't know.

He may not need academic time with the special ed teacher, but there may be accomodations within the regular classroom that could be specified in the IEP. Certainly the OT and social skills class should be in the IEP. Perhaps that's all -- but having the document open makes things go faster if issues come up later. Is he at all disruptive in the class -- might need a behavior support plan in the IEP. Substituting FirstInMath for the other program could be in the IEP.

I'd suggest at least a consult with an advocate or educational consultant.

Good advice.

My son with classic autism spends all day in the regular second grade classroom, but a couple of different inclusion teachers come in a couple of times a day to help him and a boy in the class who has AS.

He also has a behavior intervention plan, which, thankfully, he hasn't needed lately.

Some kids get pulled out of class for reading intervention, speech, or OT.

If it is in the IEP, they have to do it. If it is not in the IEP, and they don't do it or stop doing it, you won't have much luck when you complain to the central office or go through any kind of formal process.

My older son with classic autism was ahead of the game when he started kindergarten in many academic respects because he had been worked with intensely at home for a long time. However, by mid-year, problems were apparent. He had made virtually no progress within the class while many of the other kids were learning lots of skills and information at a rapid pace.

My daughter had OT, PT and speech therapy all on a 504 for two years before it was stepped up to a full IEP for the same reason - her grades were good. I needed to force the evaluation and go back several times to get them to evalauate the social issues I was seeing but that they were not. Their autism specialist saw them easily and clearly in one evaluation though.

Keep going back, as many times as necessary, and make sure all of your concerns are being addressed. You may need to tell them point blank - you are missing this.

AFAIK, a school cannot deny a child an IEP. Get a lawyer.

A school can definitely deny a child an IEP. Unless the child's disability is affecting school performance, no IEP is warranted. I'm not saying it's right, but it's the way it is.

In the way back, the approach I took was to identify what I wanted from the school, and then find out what it took to get that. If you can get those things with a 504 but not an IEP, you will be OK in the short term, but things can change and the IEP is the stronger document. I consider it a pretty sure bet that someday you'll need that IEP. I can't imagine, as others have said, that they are correct in saying your son does not qualify. Study the criteria or talk to an advocate; it really does not sound right.

The "meets academic standards" statement is a dodge - schools are responsible for a child's social and emotional development as well. We just had legislation passed in Illinois that I linked somewhere here about requiring schools to offer needed services to kids on the spectrum regardless of their academic standards.

Did a bunch of searching on Wrightslaw and finally found this (applicable in the US:) http://www.wrightslaw.com/info/elig.sld.osep.felton.htm

That being said, there are some differences between a 504 and an IEP that might mean a 504 is sufficient for you, depending on your kid. For instance, if your child simply has a few sensory differences that can easily be accommodated by some classroom changes (say, a rubber band across the legs of their chair) a 504 might work. Some schools offer therapies under a 504 as well. A 504 is as legally-binding a document as an IEP - but it's true that sometimes schools don't take them as seriously. You may also be able to manage well with a 504 for a while and then need an IEP when your child gets older (some of the social language delays don't show up until the other kids jump ahead and your kid stays where he is.)

I'd start with a formal request for a 504, and a meeting; this will mean that even if they are being accommodating now, they'll have to continue to do so even if you get stuck with a teacher that says your child is just "not trying hard enough."

Check over Wrightslaw, there is a whole page on Autism resources and it has suggested accommodations there.

Thank you all for the thoughts. I want my next step to be well informed so your experience and insight helps a lot!

This is the law. There are criteria that need to be met-- the first part of the criteria specifies the criteria to indicate that there is a disability present, and the second part talks about the adverse impact on educational progress and the need for specialized services as a result. A child can meet the disability portion of the criteria without meeting the need for specialized instruction.

An IEP specifies SDI- specially designed instructions. If that's not necessary, a 504 may be more appropriate, and that mandates accommodations and modifications. It may also include related services on a 504 plan (OT, PT, Speech, counseling, etc) if warranted.

RTI is available to all students, and it's meant to give structured and intense interventions to students who are struggling in a specific area. It's used in many states to identify kids with potential learning disabilities. I've never heard of OT being part of RTI. That's a new one on me.

I would go for the 504, but I would see how OT can be put in. If it's RTI, it's not mandated like it would be on a 504 or IEP. It sounds like they are wanting to accommodate his advanced abilities in other ways. If he's advanced and his disability isn't adversely affecting his learning in the classroom, I can see why they'd recommend a 504 rather than an IEP. He wouldn't meet the full set of criteria for IEP. Behavioral modifications don't require an IEP.

Good luck-

Odds are your child is too bright. The district has no reason to spend money on your child. 504 plans do not need to be followed and you have no legal way to make them follow it. This situation happens all the time. My attorney says that if 100 parents with bright kids on the spectrum get their child an IEP, and the IEP staff denies it, then the school doesn't have to pay for services. The next year only 50 of those parents come back demanding services. They are again denied and lied to. By First Grade, only 1 or 2 of those parents are still fighting. Everyone else has given up. That 1 or 2 parents/ families only cost the district $80,000 in legal fees from the Due Process hearings. The price of the lawyer was already in their budget (use it or lose it) so they have to spend it anyway. So what happened to the other 99 parents/ families out there? They didn't fight hard enough, and they get nothing. I am fighting with my educational lawyers past my last dime, and you want to know what I am getting . . . nothing. If we all stood together and fought them constantly, we might stand a chance. I just wish someone had told me back then that the school district had nothing to offer that we wanted. They have incompetent OT's and SLP's. They save the best therapists for those who win in Court. You will always have a contentious relationship with the teachers, District staff, other parents, etc. My advice for you is to give up, take back your family, and homeschool. No services and the hell of being home is still better than anything their corrupt sick system has to offer you. The best advice I can give you is to run, and run fast away from them. I just wish the school District would at least pay us for homeschooling.