Need advice! We just moved to CA from MD a month ago. My son was put on an interim IEP according to MD so my son who is in the autistic spectrum was enrolled in two schools here. First 1/2 of day, he goes to reg. educ. kindergarten with 1:1 aide, 2nd 1/2 he goes to different school for speech/language immersed spec. ed class. I had an issue w/transp and called for an IEP mtng with Director of Spec. Serv. (they dropped off my son at wrong school) and they are now saying he should move to the pm school all day. Mind you, the pm school is his school of record but was full before we got here. My issue is that he's doing great with his current reg. educ. teacher and moving him to a new setting will set him back AGAIN. Although he'll still go to the reg. educ. classroom at the pm school for 1/2 day, he will have been moved 4 times in 4 months to different schools prek-k, then k to pre-k (while moving cross-country) then pre-k to k in CA, and now AGAIN k-k. At each place staying not more than a month. I mentioned I don't want him moved but they say they will do it and I would have to take them to court to change him back, which by that time, he'd already been moved. I know it's confusing, but if anyone can tell me if they can legally move my son w/o my consent, please let me know. God Bless all! =)

By Jennln on Saturday, November 19, 2005 - 11:04 am:

It doesn't sound *right* to me that they could go ahead and make such a significant change without your consent. However, I do know from personal experience, that if the school is able to prove that the services your child needs are not available at the present school and that they are just not equipped to handle the specific needs of that child, then they can transfer to another school in that district that is qualified/equipped to handle a child with your childs particular needs.
Could it be a case similar to this?

Also do you have a copy of your parent's rights as it pertains to special needs children/IEP's? I'm not sure if they are done state by state or if the handguide is a national thing, but I would highly suggest that you read through that so that you know exactly what rights you have as far as changes to the IEP go.

In the guide I have available to me, it states:

_________________________________________________

Pertaining To Placement and Service Delivery: You have the right...

*to consent to the proposed placement before services may be delivered.

*to have your child placed in a program which is appropriate, as close as possible to your home, and delivered in the least restrictive environment.

*to request a re-evaluation after your child is placed in a program if you feel his or her condition or needs have changed.

*to receive free special education and related services regardless of family's insurance coverage. The reasons: (1 ) coverage or benefits may be reduced if parents tile a claim; (2) insurance premiums may be increased; and/ or (3) parents may be charged for filing a claim. Insurance coverage for a child and the entire family may be placed in jeopardy. (Ref: Education Daily, 1981)

*to follow and be informed of your child's progress in the program in which he or she is placed.
______________________________________________

Now like I said, I can't be certain that varying states follow the same guidelines, so it's definitley something you may want to look into first.

Also, there is quite a bit of information pertaining to IEP's here:

U.S. Department of Education, Guide to the Individualized Education Plan

I hope this helps a bit. Good luck!

By Faith on Saturday, November 19, 2005 - 12:59 pm:

Thank you, Jennln. What I was told was: IF he needs to be placed in a different school so LEA can provide "appropriate" public education, they can. The difference here is that my son is what some might call "high-functioning" autistic and does not have the behavior/academic/emotion al problems of most autistic children. He lacks expressive (abstract) language. He's academics are higher than his peers, except when he needs to explain non concrete details (For example, "What is your favorite color?" has no meaning to him, but if you show him the colors, he knows them all, numbers, alphabet, addition, subtraction, he can read although does not know what, and so on). So basically, he doesn't NEED to be moved for extra help. Yes, he might be benefited from the services in his pm school being readily available BUT he can do just fine w/o them, you see. As much as I know MY son, it will be somewhat more detrimental for him to change his environment again after he just started getting used to his routine and his reg. ed teacher is FORMIDABLE!! I believe they can actually move him and I can take them to court and most likely win but all they will do is move him back. Again, by that time, it will be too late and the 'damage' done. My main concern is the principle of the issue, what if my son wasn't high-functioning and it would really be detrimental for him to change his routine, as a parent, I have no right to say I want him just where he is without having to deal with such people who haven't even seen my son once? I have to pay a lawyer to have my child not be affected by legalities? I wonder how often this happens to typical children's parents? I believe it should be the other way around. The school should not, under ANY circumstances make such a change without first taking the parents to court AND THEN follow on. But, who am I? I'm just a mother of a 5 yr old handsome, sweet, intelligent, autistic child whose heartbeat is one with mine.

By Ginny~moderator on Saturday, November 19, 2005 - 04:22 pm:

Unhappily, the Supreme Court just made a ruling that puts the burden of proof on the parent, to prove that the service being provided or recommended is not appropriate - which means hiring experts and lawyers.

It's not quite that simple or quite that bad. What the court says - the important part - is:

The burden of persuasion in an administrative hearing challenging an IEP is properly placed upon the party seeking relief, whether it is the disabled child or the school district.

Here is the Supreme Court opinion:

http://a257.g.akamaitech.net/7/257/2422/
14nov20051045/www.supremecourtus.gov/opinions/05pdf/04-698.pdf

(I'm breaking up the address to avoid spreading the page - remove the page break/space if you paste it in your window.)

The case is Schaffer v. Weast, Supreme Court Docket No. 04-698. The ruling was just issued on November 14th, and applies to a 4th Circuit case The 4th Circuit is WV, VA, NC, SC, MD and DC. However, I am sure that with the Court's ruling, the other districts will take the same stance.

By Ginny~moderator on Saturday, November 19, 2005 - 04:24 pm:

It does sound to me like they are, in effect, punishing you because the bus driver dropped your son off at the wrong school and you complained.

By Faith on Saturday, November 19, 2005 - 05:54 pm:

I can say I'm 100% sure. I know my son will be alright. Being active duty military we do and will move from state to state quite often. I also found out that once the court orders them to move him back to where he was, I can not sue them for "pain and suffering" for example, on my child. My downfall is having this be an "interim" IEP. If this was a set IEP, and we couldn't come to an agreement, then the "stay-put" law comes in effect and he is not to be moved until the court settles it and it would be them taking me and show proof that what they are offering is absolutely necessary. At that point, I doubt that even for a minute they would consider the option. THEN they wouldn't care about what was "appropriate" for my son. I offered that I could take my son to/from schools but of course, they will not ever admit that is the reason. This will always be in the back of my head I'll never have closure until God shows me that this, in fact, is the best thing for my son. I have faith on that =) Thank you both for your advice and support =)

By Feona on Sunday, November 20, 2005 - 07:50 am:

Also you can go to yahoo groups and put in your state and the word autism. You can join the local autism group on line at yahoo groups for free. You will get alot of expert advice there.

Sounds like the regular ed is where your son would benefit most from. I don't know how to keep him there. He is supposed to get the least restrictive environment. He already is in the least restrictive environemnt and now they want to break the law. Least restrictive is the law the law. If he has shown improvement in the regular ed environment than I don't see how they can in good conscience move him.


The longer you have him integrated in the regular ed class the more and louder you can say - "he has already been integreted and is doing well."

I used to repeat the words - discrimination. Why would you want to move a child who is doing well if it isn't for discrimination? Some say it is money but if the child can be self supporting through his own efforts as an adult then the little money they spend now is well worth it. I think it is more like prejudice and discrimination.

These special ed classrooms and schools are very expensive. I know here in Long Island they cost more than 40,000 a year(that was what the school district paid for special ed preschool with 10 kids in a class. So hiring a para at 8 dollars an hour to follow your son around all day is cheap for the school district anyway.

I would say he has been integrated and you want to keep him integrated. That is what they said about my son. He had been integrated for 2 years before kindergarten(it was painful) and was doing very well so there was no point in moving him to special ed.

When he was two years old he was in a special ed program for a year and a half. He made no progress in special ed environment.

He was bored out of his mind and copied the fun kids in the special ed class and ignored the special ed teacher who basically did drills(the exact same drills every day).

I was going to put him in a special ed social skills class after school but his behavior was so completely different (bad) from what I am used to seeing from him - he was coping the fun special ed kids again that I realized he wasn't going to get anything out of the class. (he already get the same class in school anyway) I put him in regular drama class instead.

They were going to put him in a special ed class this year for kindergarten, but they realized he was adding and had advanced pre reading skills for his age. So they decided against putting him in with the special ed class which the special ed teacher described to me as low functioning. We are in a small school district so there are no high functioning special ed classes. The kids are integrated as quickly as possible to regular ed.

The principal told me there is no negative effects on the regular kids for being with the integrated special ed kids. This is on of the best school district in the country so I believe it. The special ed kids rise to the level around them.

We just got his first report card in regular kindergarten and the regular ed teacher was practically glowing about him. She really likes him and thinks he is doing well.

I know the legal term are

least restrictive environment. It is a law.

Can you call an moderator or arbitrator? I know it is exhausting. We were going to let ds be in a speical ed integrated class in kindergarten before they changed their minds so I know what it is like to get tired of fighting. A speech teacher said you have to be like a dripping faucet constantly wearing them down. A fellow parent describes in as being so annoying that the school district throws you a going away party when you leave.

http://groups.yahoo.com/ Put you state in and autism or your city and state and autism

By Faith on Monday, November 21, 2005 - 11:33 pm:

The thing is, Feona, that they will be placing him with reg. ed. kindergarten in the other school as well for the 1st half of the day and the other 1/2 day he will stay where he is currently which is mostly for speech delayed. It is a great program and I can't complain. The issue is that they are only moving him because it is convenient for them. Aleks doesn't need much more for his reg. ed. classroom. Basically, by moving him he will be the new kid AGAIN, after the other typical kids have already been in class for 4 months at least and who knows how the teacher AND the students will be with him. I really don't see the reason for that.
Now, if I can't make them leave him where he is, then fine, move him, but I can promise you I will fight the district for every one of his rights: home training, speech therapist, behavioral therapist, OT, 2nd opinions at their expense, all-day 'shadow', after school care, child care during school break, summer school, oh yeah, and about the aide, by law they MUST be trained in the area where the child has special needs, in my son's case--autism. So, if they think I'm going to let them get away with messing with my son, they got another thing coming. And yes, I hired a lawyer. They will wish they would've just left my son alone.

By Tink on Tuesday, November 22, 2005 - 01:41 am:

Hi, I'm also in CA and I have a 6yo ds with high functioning autism. I'm so sorry you're having so much trouble with the school district. It certainly sounds like a huge headache. Isn't it amazing how our "mama bear" instincts come out when it comes to our children? I haven't had much trouble with my school district but if you'd just like an ear to vent to, feel free to email me. My address is in my profile and I'm always willing to talk.

By Feona on Tuesday, November 22, 2005 - 07:52 am:

You go girl. I was talked to someone who said alot of children who get proper treatment for high functioning autism get moved to aspergers diagnosis when they are about 7 or so. So it is definitley worth it. Just read a article on curing autism. I will post it later.

By Feona on Tuesday, November 22, 2005 - 07:56 am:

Autism Recovery

To the Editor, San Francisco Chronicle Magazine:

Humza Igbal, whose story you told so splendidly (Nov. 13 ), Chronicles
in Autism/A Boy Recovers: Can Children Be Cured?, http://tinyurl.com/9lvn5,
was one of eight recovered formerly autistic children introduced to an
audience of 1200 cheering parents and professionals by stage and screen star
Lou Diamond Phillips at our Defeat Autism Now! (DAN!) Conference in Los
Angeles, in October 2004. We introduced another group of recovered autistic
children several weeks ago at our 2005 DAN! Conference in Long Beach. (Visit
www.Autism-RecoveredChildren.com).
Yes, despite the ill-informed pessimism of the presumed experts in the
medical establishment who were quoted in your article, autism is usually
treatable by knowledgeable physicians, and full recovery is often possible.
The Autism Research Institute in San Diego, the sponsor of the DAN! Program,
has a list of 1000 parents nationwide who are eager to talk to the media
about their child's recovery from autism.
The long-standing dogma that autism is an incurable lifelong
disability must be discarded. The children, like Humza Igbal, can and must
be saved by prompt, informed biomedical interventions
- Bernard Rimland, Ph.D., Director, Autism Research Institute

By Faith on Wednesday, November 23, 2005 - 03:11 am:

I can say I've tried most therapies for my son, including the gluten-free diet, but in my personal opinion, my son has done it mostly on his own. The autistic spectrum is SO broad that it is what makes it the most challenging. It is so difficult to diagnose without medical testing since it's so subjective and only time can give the correct diagnosis. Of course, we can never just leave it up to time. Time and prompt early intervention are the key to their betterment. I truly believe someday in my lifetime, there will be a "cure" for autism. Until then, prayers, support, and strength is what we need to give our children the opportunity to reach their full potential...in spite of what anyone else says. But no one should ever underestimate a mother's drive when it comes to her children =)