Re: another question: Mental retardation label-Not recommended

August 8, 2012

With all due respect to the posters on this subject, to the contrary it is not

only unnecessary to have an ID or MR label to obtain services for medicaid for

a student with autism, it is potentially deterimental to the student to have the

ID or MR label placed on them. For the one thing autism is recoginized as a

serious cognitive impairment, and as such is a condition covered by medicaid.

This is also true of services from MHMRA. As a sidebar, there was a recent

federal district court decision that mandated coverage for ABA for medicaid.

The other issue is that as soon as a student is identified as ID, the school

district's respond by " lowering the bar " of expectations, taking the attitude

" that the kid has an ID (mental retardation). What do you expect us (the school)

to do? " I am seeing a marked increase in my special education advocacy practice

of school districts attempting to add the ID label with the same explanation to

the parent, that this will assist the student in obtaining services. Hogwash.

Do not be fooled by this tactic.

There are many families that read this listserve daily that obtain valuable

information, however, warnings such as the one that was given in the previous

posting can significantly compromise outcomes for individuals if acted upon. I

implore everyone to use extreme caution, with their words in making posts and be

certain of your facts before you press the " send " button.

Sincerly,

Louis H. Geigerman

President

National ARD/IEP Advocates

http://narda.org

louis@...

>

> Subject: another question: Mental retardation label

> To: Texas-Autism-Advocacy

> Date: Sunday, August 5, 2012, 10:13 PM

>

> Â

>

> When my son went to the school's preschool program they had him labeled

mental retardation-nc. We pulled him out the 2nd year he would have been in and

did our own therapy program for awhile but plan on putting him back in this

year.I homeschool 4 other kids and don't think I can do another year with him

and my 3yo with possible autism. It was just too much. Anyways, the doctor he

saw that diagnosed him with autism said I need to have the school remove the

mental retardation and put autism in its place. How would I go about doing

that? Does autism change the services he gets or is it the same regardless of

the label? Some of you wrote that the school took away your diagnosis of

Autism. What did you do? How can they take away a diagnosis given to a child

by a licensed physician? Now, I'm starting to get cold feet about public

school.

>

August 8, 2012

Thank you, Louis. Best wishes Matteo and .

J. , B.S., M.A. Ed./CI

Montgomery, Texas 77316 (CST) Montgomery ISD.

To: Texas-Autism-Advocacy Sent: Wednesday, August 8, 2012 8:10 PMSubject: Re: another question: Mental retardation label-Not recommended

With all due respect to the posters on this subject, to the contrary it is not only unnecessary to have an ID or MR label to obtain services for medicaid for a student with autism, it is potentially deterimental to the student to have the ID or MR label placed on them. For the one thing autism is recoginized as a serious cognitive impairment, and as such is a condition covered by medicaid. This is also true of services from MHMRA. As a sidebar, there was a recent federal district court decision that mandated coverage for ABA for medicaid. The other issue is that as soon as a student is identified as ID, the school district's respond by "lowering the bar" of expectations, taking the attitude "that the kid has an ID (mental retardation). What do you expect us (the school) to do?" I am seeing a marked increase in my special education advocacy practice of school districts attempting to add the ID label with the same explanation to the parent,

that this will assist the student in obtaining services. Hogwash. Do not be fooled by this tactic.There are many families that read this listserve daily that obtain valuable information, however, warnings such as the one that was given in the previous posting can significantly compromise outcomes for individuals if acted upon. I implore everyone to use extreme caution, with their words in making posts and be certain of your facts before you press the "send" button. Sincerly,Louis H. GeigermanPresidentNational ARD/IEP Advocateshttp://narda.orgmailto:louis%40narda.org > > > Subject: another question: Mental retardation label> To: mailto:Texas-Autism-Advocacy%40yahoogroups.com> Date: Sunday, August 5, 2012, 10:13 PM> > > > > > > > > > > > > > > > > Ã‚ > > >

> > > > > > > When my son went to the school's preschool program they had him labeled mental retardation-nc. We pulled him out the 2nd year he would have been in and did our own therapy program for awhile but plan on putting him back in this year.I homeschool 4 other kids and don't think I can do another year with him and my 3yo with possible autism. It was just too much. Anyways, the doctor he saw that diagnosed him with autism said I need to have the school remove the mental retardation and put autism in its place. How would I go about doing that? Does autism change the services he gets or is it the same regardless of the label? Some of you wrote that the school took away your diagnosis of Autism. What did you do? How can they take away a diagnosis given to a child by a licensed physician? Now, I'm starting to get cold feet about public school.> > > >

>

August 8, 2012

You said in your post that medicaid will pay for aba. Do you know if the medicaid buy in program will. We have privately funded insurance and they will not cover aba therapy. I believe he can get ST, OT, and PT through other diagnosis he has but ABA is out with our insurance. We've consider doing the medicaid buy in program for both him and potentially my daughter who is going to be evaluated for autism on the 10th. I didn't see where medicaid will pay for aba. From: Joan

To: "Texas-Autism-Advocacy " <Texas-Autism-Advocacy > Sent: Wednesday, August 8, 2012 8:16 PM Subject: Re: Re: another question: Mental retardation label-Not recommended

Thank you, Louis. Best wishes Matteo and .

J. , B.S., M.A. Ed./CI

Montgomery, Texas 77316 (CST) Montgomery ISD.

To: Texas-Autism-Advocacy Sent: Wednesday, August 8, 2012 8:10 PMSubject: Re: another question: Mental retardation label-Not recommended

With all due respect to the posters on this subject, to the contrary it is not only unnecessary to have an ID or MR label to obtain services for medicaid for a student with autism, it is potentially deterimental to the student to have the ID or MR label placed on them. For the one thing autism is recoginized as a serious cognitive impairment, and as such is a condition covered by medicaid. This is also true of services from MHMRA. As a sidebar, there was a recent federal district court decision that mandated coverage for ABA for medicaid. The other issue is that as soon as a student is identified as ID, the school district's respond by "lowering the bar" of expectations, taking the attitude "that the kid has an ID (mental retardation). What do you expect us (the school) to do?" I am seeing a marked increase in my special education advocacy practice of school districts attempting to add the ID label with the same explanation to the parent,

that this will assist the student in obtaining services. Hogwash. Do not be fooled by this tactic.There are many families that read this listserve daily that obtain valuable information, however, warnings such as the one that was given in the previous posting can significantly compromise outcomes for individuals if acted upon. I implore everyone to use extreme caution, with their words in making posts and be certain of your facts before you press the "send" button. Sincerly,Louis H. GeigermanPresidentNational ARD/IEP Advocateshttp://narda.orgmailto:louis%40narda.org > > > Subject: another question: Mental retardation label> To: mailto:Texas-Autism-Advocacy%40yahoogroups.com> Date: Sunday, August 5, 2012, 10:13 PM> > > > > > > > > > > > > > > > > Ã‚ > > >

> > > > > > > When my son went to the school's preschool program they had him labeled mental retardation-nc. We pulled him out the 2nd year he would have been in and did our own therapy program for awhile but plan on putting him back in this year.I homeschool 4 other kids and don't think I can do another year with him and my 3yo with possible autism. It was just too much. Anyways, the doctor he saw that diagnosed him with autism said I need to have the school remove the mental retardation and put autism in its place. How would I go about doing that? Does autism change the services he gets or is it the same regardless of the label? Some of you wrote that the school took away your diagnosis of Autism. What did you do? How can they take away a diagnosis given to a child by a licensed physician? Now, I'm starting to get cold feet about public school.> > > >

>

August 8, 2012

YES!!!!!! No IQ test either. My child qualifies for Medicaid without the ID label. Schools will use ID against you. " he is unable to learn so the focus will be lifeskills " I've heard schools are using the ID label to put kids as young as 2nd grade into lifeskills and out of inclusion and autism units. It's cheaper and the out is " unable to learn " . My approach is " change the teaching method "

TrinaWednesday, August 8, 2012, Louis wrote:

> >> With all due respect to the posters on this subject, to the contrary it is not only unnecessary to have an ID or MR label to obtain services for medicaid for a student with autism, it is potentially deterimental to the student to have the ID or MR label placed on them. For the one thing autism is recoginized as a serious cognitive impairment, and as such is a condition covered by medicaid. This is also true of services from MHMRA. As a sidebar, there was a recent federal district court decision that mandated coverage for ABA for medicaid.

>> The other issue is that as soon as a student is identified as ID, the school district's respond by " lowering the bar " of expectations, taking the attitude " that the kid has an ID (mental retardation). What do you expect us (the school) to do? " I am seeing a marked increase in my special education advocacy practice of school districts attempting to add the ID label with the same explanation to the parent, that this will assist the student in obtaining services. Hogwash. Do not be fooled by this tactic.

>> There are many families that read this listserve daily that obtain valuable information, however, warnings such as the one that was given in the previous posting can significantly compromise outcomes for individuals if acted upon. I implore everyone to use extreme caution, with their words in making posts and be certain of your facts before you press the " send " button.

>> Sincerly,> Louis H. Geigerman> President> National ARD/IEP Advocates> http://narda.org> louis@...

>> >>>> >> Subject: another question: Mental retardation label

>> To: Texas-Autism-Advocacy >> Date: Sunday, August 5, 2012, 10:13 PM>>

>>>>>>>>

>>>>>>>>>>>>>>>>>>>>>>>> Â >>>>>>>>>>>>>>

>>>>>> When my son went to the school's preschool program they had him labeled mental retardation-nc. We pulled him out the 2nd year he would have been in and did our own therapy program for awhile but plan on putting him back in this year.I homeschool 4 other kids and don't think I can do another year with him and my 3yo with possible autism. It was just too much. Anyways, the doctor he saw that diagnosed him with autism said I need to have the school remove the mental retardation and put autism in its place. How would I go about doing that? Does autism change the services he gets or is it the same regardless of the label? Some of you wrote that the school took away your diagnosis of Autism. What did you do? How can they take away a diagnosis given to a child by a licensed physician? Now, I'm starting to get cold feet about public school.

>>>>>>>> >>>>

August 8, 2012

That is not exactly what I said. I said there was a federal court ruling that

mandated coverage for ABA under medicaid. The ruling came from a Federal Judge

in Florida and not in the 5th Circuit which covers Texas. Here is the link to

info about the case

http://www.autismspeaks.org/blog/2012/03/26/federal-judge-rules-medicaid-must-co\

ver-aba

This issue will still have to be either litigated in the 5th circuit or appealed

to the supreme court to have precedent in other jurisdictions. So the answer is

unknown what a judge in this circuit would rule.

Louis

> >>

> >> From: concernedformycountry <julie74601@>

> >> Subject: another question: Mental retardation label

> >> To: mailto:Texas-Autism-Advocacy%40yahoogroups.com

> >> Date: Sunday, August 5, 2012, 10:13 PM

> >>

> >> Ã‚Â

> >>

> >> When my son went to the school's preschool program they had him labeled

mental retardation-nc. We pulled him out the 2nd year he would have been in and

did our own therapy program for awhile but plan on putting him back in this

year.I homeschool 4 other kids and don't think I can do another year with him

and my 3yo with possible autism. It was just too much. Anyways, the doctor he

saw that diagnosed him with autism said I need to have the school remove the

mental retardation and put autism in its place. How would I go about doing that?

Does autism change the services he gets or is it the same regardless of the

label? Some of you wrote that the school took away your diagnosis of Autism.

What did you do? How can they take away a diagnosis given to a child by a

licensed physician? Now, I'm starting to get cold feet about public school.

> >>

>

> >>

> >

>

August 8, 2012

My son was tested and qualified as MR in his last testing set, but the school chose to phrase it as “functionally MR” and did not include it as a diagnosis. This is because his autism interferes with the testing. They spent quite a lot of time on the testing, called in specialists from the local university that has a huge program, etc, etc. They called us before the ARD with the results to discuss them, and they asked us if we wanted them to include it as a diagnosis. Now, I know that we were lucky in that they did so much, and the way they explained it was that he would get the same services regardless because they are addressing his needs and not his diagnosis. They said that, in the next round of testing, we can always decide to take the label, if we want it. Just wondered if anyone else had a similar experience with their school district – offering to label as opposing to enforcing a label? I see comments that having the MR label as not helpful, but will it help for any services? We are already on waiting lists because he is going to need help for the rest of his life, from what we can tell at this point (of course, things can always change…but still…) SangerTwitter: @katherinesangerksanger@...http://katsanger.wordpress.com/http://www.examiner.com/family-and-parenting-in-houston/katherine-sangerhttp://katsanger.hubpages.com/http://contributor.yahoo.com/user/1180115/katherine_sanger.html " Education is not filling a bucket, but lighting a fire. " - Yeats From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of ShermanSent: Wednesday, August 08, 2012 11:06 PMTo: Texas-Autism-Advocacy Subject: Re: another question: Mental retardation label-Not recommended YES!!!!!! No IQ test either. My child qualifies for Medicaid without the ID label. Schools will use ID against you. " he is unable to learn so the focus will be lifeskills " I've heard schools are using the ID label to put kids as young as 2nd grade into lifeskills and out of inclusion and autism units. It's cheaper and the out is " unable to learn " . My approach is " change the teaching method " TrinaWednesday, August 8, 2012, Louis wrote:> >> With all due respect to the posters on this subject, to the contrary it is not only unnecessary to have an ID or MR label to obtain services for medicaid for a student with autism, it is potentially deterimental to the student to have the ID or MR label placed on them. For the one thing autism is recoginized as a serious cognitive impairment, and as such is a condition covered by medicaid. This is also true of services from MHMRA. As a sidebar, there was a recent federal district court decision that mandated coverage for ABA for medicaid.>> The other issue is that as soon as a student is identified as ID, the school district's respond by " lowering the bar " of expectations, taking the attitude " that the kid has an ID (mental retardation). What do you expect us (the school) to do? " I am seeing a marked increase in my special education advocacy practice of school districts attempting to add the ID label with the same explanation to the parent, that this will assist the student in obtaining services. Hogwash. Do not be fooled by this tactic.>> There are many families that read this listserve daily that obtain valuable information, however, warnings such as the one that was given in the previous posting can significantly compromise outcomes for individuals if acted upon. I implore everyone to use extreme caution, with their words in making posts and be certain of your facts before you press the " send " button.>> Sincerly,> Louis H. Geigerman> President> National ARD/IEP Advocates> http://narda.org> louis@...>> >>>> >> Subject: another question: Mental retardation label>> To: Texas-Autism-Advocacy >> Date: Sunday, August 5, 2012, 10:13 PM>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Â >>>>>>>>>>>>>>>>>>>> When my son went to the school's preschool program they had him labeled mental retardation-nc. We pulled him out the 2nd year he would have been in and did our own therapy program for awhile but plan on putting him back in this year.I homeschool 4 other kids and don't think I can do another year with him and my 3yo with possible autism. It was just too much. Anyways, the doctor he saw that diagnosed him with autism said I need to have the school remove the mental retardation and put autism in its place. How would I go about doing that? Does autism change the services he gets or is it the same regardless of the label? Some of you wrote that the school took away your diagnosis of Autism. What did you do? How can they take away a diagnosis given to a child by a licensed physician? Now, I'm starting to get cold feet about public school.>>>>>>>> >>>> No virus found in this message.Checked by AVG - www.avg.comVersion: 2012.0.2197 / Virus Database: 2437/5187 - Release Date: 08/08/12

August 8, 2012

I understand. I feel so helpless because we have privately funded insurance and that leaves us out of the Texas law. We cannot afford the services. Our insurance will pay for the ST, OT, PT albeit under other labels like hypotonia and things like that. We were looking into the medicaid buy in to at least cover those therapies when our scheduled amount of visits run out. We make too much money and not enough money if you know what I mean. This is so frustrating. From: Louis

To: Texas-Autism-Advocacy Sent: Wednesday, August 8, 2012 11:06 PM Subject: Re: another question: Mental retardation label-Not recommended

That is not exactly what I said. I said there was a federal court ruling that mandated coverage for ABA under medicaid. The ruling came from a Federal Judge in Florida and not in the 5th Circuit which covers Texas. Here is the link to info about the case

http://www.autismspeaks.org/blog/2012/03/26/federal-judge-rules-medicaid-must-cover-aba

This issue will still have to be either litigated in the 5th circuit or appealed to the supreme court to have precedent in other jurisdictions. So the answer is unknown what a judge in this circuit would rule.

Louis

> >>

> >> From: concernedformycountry <julie74601@>

> >> Subject: another question: Mental retardation label

> >> To: mailto:Texas-Autism-Advocacy%40yahoogroups.com

> >> Date: Sunday, August 5, 2012, 10:13 PM

> >>

> >> Ãƒâ€šÃ‚

> >>

> >> When my son went to the school's preschool program they had him labeled mental retardation-nc. We pulled him out the 2nd year he would have been in and did our own therapy program for awhile but plan on putting him back in this year.I homeschool 4 other kids and don't think I can do another year with him and my 3yo with possible autism. It was just too much. Anyways, the doctor he saw that diagnosed him with autism said I need to have the school remove the mental retardation and put autism in its place. How would I go about doing that? Does autism change the services he gets or is it the same regardless of the label? Some of you wrote that the school took away your diagnosis of Autism. What did you do? How can they take away a diagnosis given to a child by a licensed physician? Now, I'm starting to get cold feet about public school.

> >>

>

> >>

> >

>

August 8, 2012

Again, if the child is AU, you do not need the MR OR ID label and that cannot be

a reason to deny you services. Reject the label.

> >>

> >> From: concernedformycountry <julie74601@>

> >> Subject: another question: Mental retardation

> label

> >> To: Texas-Autism-Advocacy

> >> Date: Sunday, August 5, 2012, 10:13 PM

> >>

> >> Â

> >>

> >> When my son went to the school's preschool program they had him labeled

> mental retardation-nc. We pulled him out the 2nd year he would have been in

> and did our own therapy program for awhile but plan on putting him back in

> this year.I homeschool 4 other kids and don't think I can do another year

> with him and my 3yo with possible autism. It was just too much. Anyways, the

> doctor he saw that diagnosed him with autism said I need to have the school

> remove the mental retardation and put autism in its place. How would I go

> about doing that? Does autism change the services he gets or is it the same

> regardless of the label? Some of you wrote that the school took away your

> diagnosis of Autism. What did you do? How can they take away a diagnosis

> given to a child by a licensed physician? Now, I'm starting to get cold feet

> about public school.

> >>

> >

>

> No virus found in this message.

> Checked by AVG - www.avg.com

> Version: 2012.0.2197 / Virus Database: 2437/5187 - Release Date: 08/08/12

>

August 9, 2012

And you DO NOT need an ID or Mr label to get medicaid. My son gets

medicaid through MDCP. It has helped a lot. Now if we could just

find some program that would help provide truly productive academic

educations to these kids without having to fight tooth and nail.......

August 9, 2012

Ugh. It interferes with the testing because many persons with autism are not intellectually disabled. There are services available under the MR diagnosis but lists are there as well. Be careful you cannot undue a mindset of " he's functionally incapable " easily. You do not have to agree to iq testing. Autism is a learning disability and my son verbally cannot stay focused to count to 100 but does algebra on a letterboard. Disfunctional genius is more like it. So unless they have a iq test using a communication system that tests his true iq don't accept it.

I also think you need to talk to a case worker. There are so many different programs and lists and that changes also when they turn 18. For instance, DARS won't accept you with a MR diagnosis. What is happening is a frightening trend. We simply cannot have one in 54 boys living in group homes on Medicaid going to day hab. If schools are pushing us all that way they may be saving their budgets up front just to bankrupt the state later.

My son was tested and qualified as MR in his last testing set, but the school chose to phrase it as “functionally MR” and did not include it as a diagnosis. This is because his autism interferes with the testing. They spent quite a lot of time on the testing, called in specialists from the local university that has a huge program, etc, etc. They called us before the ARD with the results to discuss them, and they asked us if we wanted them to include it as a diagnosis. Now, I know that we were lucky in that they did so much, and the way they explained it was that he would get the same services regardless because they are addressing his needs and not his diagnosis. They said that, in the next round of testing, we can always decide to take the label, if we want it.

Just wondered if anyone else had a similar experience with their school district – offering to label as opposing to enforcing a label? I see comments that having the MR label as not helpful, but will it help for any services? We are already on waiting lists because he is going to need help for the rest of his life, from what we can tell at this point (of course, things can always change…but still…)

Sanger

Twitter: @katherinesanger

ksanger@...

http://katsanger.wordpress.com/

http://www.examiner.com/family-and-parenting-in-houston/katherine-sanger

http://katsanger.hubpages.com/

http://contributor.yahoo.com/user/1180115/katherine_sanger.html

" Education is not filling a bucket, but lighting a fire. " - Yeats

From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of Sherman

Sent: Wednesday, August 08, 2012 11:06 PMTo: Texas-Autism-Advocacy Subject: Re: another question: Mental retardation label-Not recommended

YES!!!!!! No IQ test either. My child qualifies for Medicaid without the ID label. Schools will use ID against you. " he is unable to learn so the focus will be lifeskills " I've heard schools are using the ID label to put kids as young as 2nd grade into lifeskills and out of inclusion and autism units. It's cheaper and the out is " unable to learn " . My approach is " change the teaching method "

TrinaWednesday, August 8, 2012, Louis wrote:

> >> With all due respect to the posters on this subject, to the contrary it is not only unnecessary to have an ID or MR label to obtain services for medicaid for a student with autism, it is potentially deterimental to the student to have the ID or MR label placed on them. For the one thing autism is recoginized as a serious cognitive impairment, and as such is a condition covered by medicaid. This is also true of services from MHMRA. As a sidebar, there was a recent federal district court decision that mandated coverage for ABA for medicaid.

>> The other issue is that as soon as a student is identified as ID, the school district's respond by " lowering the bar " of expectations, taking the attitude " that the kid has an ID (mental retardation). What do you expect us (the school) to do? " I am seeing a marked increase in my special education advocacy practice of school districts attempting to add the ID label with the same explanation to the parent, that this will assist the student in obtaining services. Hogwash. Do not be fooled by this tactic.

>> There are many families that read this listserve daily that obtain valuable information, however, warnings such as the one that was given in the previous posting can significantly compromise outcomes for individuals if acted upon. I implore everyone to use extreme caution, with their words in making posts and be certain of your facts before you press the " send " button.

>> Sincerly,> Louis H. Geigerman> President> National ARD/IEP Advocates> http://narda.org> louis@...

>> >>>>

>> Subject: another question: Mental retardation label>> To: Texas-Autism-Advocacy

>> Date: Sunday, August 5, 2012, 10:13 PM>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

>>>> Â >>>>>>>>>>>>>>>>>>>> When my son went to the school's preschool program they had him labeled mental retardation-nc. We pulled him out the 2nd year he would have been in and did our own therapy program for awhile but plan on putting him back in this year.I homeschool 4 other kids and don't think I can do another year with him and my 3yo with possible autism. It was just too much. Anyways, the doctor he saw that diagnosed him with autism said I need to have the school remove the mental retardation and put autism in its place. How would I go about doing that? Does autism change the services he gets or is it the same regardless of the label? Some of you wrote that the school took away your diagnosis of Autism. What did you do? How can they take away a diagnosis given to a child by a licensed physician? Now, I'm starting to get cold feet about public school.

>>>>>>>> >>>>

No virus found in this message.Checked by AVG - www.avg.comVersion: 2012.0.2197 / Virus Database: 2437/5187 - Release Date: 08/08/12

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August 9, 2012

Aloha, Sometimes it is difficult to overcome the Districts design of the evaluation protocolfor an FIE If there is any disagreement with the districts evaluation, making a request for an IEE ( Independent Education Evaluation) is typically the next step. This one of the parental procedural safeguards ( your rights) and helps balance the districts assessmentMahalo, Beinke

Director of Advocacy

http://www.cirkielaw.com/

http://www.stopschoolbullyingnow.com/

August 9, 2012

,It is my understanding by law schools need your permission to do a IQ test the Cars testing for autism does not include a cognition test. I have been refusing the iq test for years and he still is determined to be a student with autism. Now that we use rpm for state tests (and he does amazingly well) the iq test is more a matter of principal for me. My nt kids aren't required to take it so neither should my au child. Btw are you by chance the orchid farmer I met at Halo? If so and you ever decide to start a group home sign me up!!

Trina > >> Aloha,>> Sometimes it is difficult to overcome the Districts design of the evaluation protocol

> for an FIE>> If there is any disagreement with the districts evaluation, making a request for an> IEE ( Independent Education Evaluation) is typically the next step. This one of the parental procedural safeguards ( your rights) and helps balance the districts assessment

>> Mahalo,>>> Beinke> > Director of Advocacy> http://www.cirkielaw.com/> http://www.stopschoolbullyingnow.com/

>>

August 9, 2012

YES!!!!!! No IQ test either. My child qualifies for Medicaid without the ID label. Schools will use ID against you. " he is unable to learn academics so the focus must be lifeskills " . I've heard stories if kids in 2nd gra

> >> With all due respect to the posters on this subject, to the contrary it is not only unnecessary to have an ID or MR label to obtain services for medicaid for a student with autism, it is potentially deterimental to the student to have the ID or MR label placed on them. For the one thing autism is recoginized as a serious cognitive impairment, and as such is a condition covered by medicaid. This is also true of services from MHMRA. As a sidebar, there was a recent federal district court decision that mandated coverage for ABA for medicaid.

>> The other issue is that as soon as a student is identified as ID, the school district's respond by " lowering the bar " of expectations, taking the attitude " that the kid has an ID (mental retardation). What do you expect us (the school) to do? " I am seeing a marked increase in my special education advocacy practice of school districts attempting to add the ID label with the same explanation to the parent, that this will assist the student in obtaining services. Hogwash. Do not be fooled by this tactic.

>> There are many families that read this listserve daily that obtain valuable information, however, warnings such as the one that was given in the previous posting can significantly compromise outcomes for individuals if acted upon. I implore everyone to use extreme caution, with their words in making posts and be certain of your facts before you press the " send " button.

>> Sincerly,> Louis H. Geigerman> President> National ARD/IEP Advocates> http://narda.org> louis@...

>> >>>> >> Subject: another question: Mental retardation label

>> To: Texas-Autism-Advocacy >> Date: Sunday, August 5, 2012, 10:13 PM>>>>>>>>>>

>>>>>>>>>>>>>>>>>>>>>>>> Â >>>>>>>>>>>>>>

>>>>>> When my son went to the school's preschool program they had him labeled mental retardation-nc. We pulled him out the 2nd year he would have been in and did our own therapy program for awhile but plan on putting him back in this year.I homeschool 4 other kids and don't think I can do another year with him and my 3yo with possible autism. It was just too much. Anyways, the doctor he saw that diagnosed him with autism said I need to have the school remove the mental retardation and put autism in its place. How would I go about doing that? Does autism change the services he gets or is it the same regardless of the label? Some of you wrote that the school took away your diagnosis of Autism. What did you do? How can they take away a diagnosis given to a child by a licensed physician? Now, I'm starting to get cold feet about public school.

>>>>>>>> >>>>

August 9, 2012

One of the schools motivations to get your child Medicaid is to be able to bill Medicaid for supposed services that they provide.

I have read stories of parents who obediently provide their childs medicaid number to the school, then found that the alloted services already used by the school and not the doctor or service picked by the parent.

Schools make a killing with uninformed, overwhelmed and desperate parents, and they do love immigrant parents they are especially vulnerable and trusting.

this email group is a invaluable source of information we can use to advocate for our children, and how best to help our children achieve their true potential as fully functioning adults, not the future much of society believes is all that all a autistic individual can attain, being warehoused somewhere.

Joyce

To: Texas-Autism-Advocacy Sent: Thursday, August 9, 2012 8:42:31 AMSubject: Re: another question: Mental retardation label-Not recommended

YES!!!!!! No IQ test either. My child qualifies for Medicaid without the ID label. Schools will use ID against you. "he is unable to learn academics so the focus must be lifeskills". I've heard stories if kids in 2nd gra> >> With all due respect to the posters on this subject, to the contrary it is not only unnecessary to have an ID or MR label to obtain services for medicaid for a student with autism, it is potentially deterimental to the student to have the ID or MR label placed on them. For the one thing autism is recoginized as a serious cognitive impairment, and as such is a condition covered by medicaid. This is also true of services from MHMRA. As a sidebar, there was a recent federal district court decision that mandated coverage for ABA for medicaid.>> The other issue is that as soon as a student is identified as ID, the school district's respond by "lowering the bar" of expectations, taking the attitude "that the kid has an ID (mental retardation). What do you expect us (the school) to do?" I am seeing a marked increase in my special education advocacy practice of school districts attempting to add the ID label with the same explanation to the parent, that this will assist the student in obtaining services. Hogwash. Do not be fooled by this tactic.>> There are many families that read this listserve daily that obtain valuable information, however, warnings such as the one that was given in the previous posting can significantly compromise outcomes for individuals if acted upon. I implore everyone to use extreme caution, with their words in making posts and be certain of your facts before you press the "send" button.>> Sincerly,> Louis H. Geigerman> President> National ARD/IEP Advocates> http://narda.org> louis@...>> >>>> >> Subject: another question: Mental retardation label>> To: Texas-Autism-Advocacy >> Date: Sunday, August 5, 2012, 10:13 PM>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Ã‚ >>>>>>>>>>>>>>>>>>>> When my son went to the school's preschool program they had him labeled mental retardation-nc. We pulled him out the 2nd year he would have been in and did our own therapy program for awhile but plan on putting him back in this year.I homeschool 4 other kids and don't think I can do another year with him and my 3yo with possible autism. It was just too much. Anyways, the doctor he saw that diagnosed him with autism said I need to have the school remove the mental retardation and put autism in its place. How would I go about doing that? Does autism change the services he gets or is it the same regardless of the label? Some of you wrote that the school took away your diagnosis of Autism. What did you do? How can they take away a diagnosis given to a child by a licensed physician? Now, I'm starting to get cold feet about public school.>>>>>>>> >>>>

August 9, 2012

Schools need parental consent to conduct any evaluation. A Full and Individual Evaluation (FIE) is a comprehensive assessment, which MUST include cognitive function. As suggested, if a parent does not agree with the results of ANY part of the comprehensive evaluation (FIE), requesting an IEE is always available.Loretta Zayas-Revai,Advocate"The way you do anything is the way you do everything"

--- Re: Re: another question: Mental

retardation label-Not recommended

Date: Thu, August 09, 2012 8:39 am

To: "Texas-Autism-Advocacy "

<Texas-Autism-Advocacy >

,It is my understanding by law schools need your permission to do a IQ test the Cars testing for autism does not include a cognition test. I have been refusing the iq test for years and he still is determined to be a student with autism. Now that we use rpm for state tests (and he does amazingly well) the iq test is more a matter of principal for me. My nt kids aren't required to take it so neither should my au child. Btw are you by chance the orchid farmer I met at Halo? If so and you ever decide to start a group home sign me up!! Trina > >> Aloha,>> Sometimes it is difficult to overcome the Districts design of the evaluation protocol > for an FIE>> If there is any disagreement with the districts evaluation, making a request for an> IEE ( Independent Education Evaluation) is typically the next step. This one of the parental procedural safeguards ( your rights) and helps balance the districts assessment >> Mahalo,>>> Beinke> > Director of Advocacy> http://www.cirkielaw.com/> http://www.stopschoolbullyingnow.com/ >>

August 9, 2012

A parent always has the option to stop the SD from billing Medicaid for all/any services provided by the SD.LorettaAdvocate"The way you do anything is the way you do everything"

--- another question: Mental retardation label>> To: Texas-Autism-Advocacy >> Date: Sunday, August 5, 2012, 10:13 PM>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Ã‚ >>>>>>>>>>>>>>>>>>>> When my son went to the school's preschool program they had him labeled mental retardation-nc. We pulled him out the 2nd year he would have been in and did our own therapy program for awhile but plan on putting him back in this year.I homeschool 4 other kids and don't think I can do another year with him and my 3yo with possible autism. It was just too much. Anyways, the doctor he saw that diagnosed him with autism said I need to have the school remove the mental retardation and put autism in its place. How would I go about doing that? Does autism change the services he gets or is it the same regardless of the label? Some of you wrote that the school took away your diagnosis of Autism. What did you do? How can they take away a diagnosis given to a child by a licensed physician? Now, I'm starting to get cold feet about public school.>>>>>>>> >>>>

August 9, 2012

Boy, am I really bummed. I had no idea about all of this. I took my son to a developmental pediatrician when he was 3 because I was concerned then he had autism and in 30 minutes or less he decided he could not be autistic because he said "hi". He was mostly nonverbal at that age and I remember he tried to do one of those test where you have to point to the picture they say like point to the girl that is running and Sawyer did not cooperate and stayed interested in the big truck he had. He didn't take into consideration the things we see or anything at home. He said he probably had encephalopathy and that is what he put on his chart. Anyways, we went to the school and they did testing which he was not interested in doing. They gave him the MR-NC label. I was told the NC label were

for those kids who really were too young to determine accurately if they were MR or not. So at 3 that is what he got. Now we have a diagnosis from another developmental pediatrician that Sawyer has autism. What really flames me off is that I went back to the place where he went originally to see the doctor one last time (I'm not sure why) but I collected all his medical records and his last date seen in June the doctor wrote that we may need to consider a pdd assessment for possible pdd-nos. He is clearly more than pdd-nos but it makes me angry that now they want to consider. I asked for that consideration when he was 3. If he ever tried to converse with him he would see Sawyer can't keep conversation going and has fleeting eye contact. At 3 he was practically non-verbal. He didn't start talking until almost 4. So now I have this label on him.

To: Texas-Autism-Advocacy Sent: Thursday, August 9, 2012 9:31 AM Subject: Re: Re: another question: Mental retardation label-Not recommended

One of the schools motivations to get your child Medicaid is to be able to bill Medicaid for supposed services that they provide.

I have read stories of parents who obediently provide their childs medicaid number to the school, then found that the alloted services already used by the school and not the doctor or service picked by the parent.

Schools make a killing with uninformed, overwhelmed and desperate parents, and they do love immigrant parents they are especially vulnerable and trusting.

this email group is a invaluable source of information we can use to advocate for our children, and how best to help our children achieve their true potential as fully functioning adults, not the future much of society believes is all that all a autistic individual can attain, being warehoused somewhere.

Joyce

To: Texas-Autism-Advocacy Sent: Thursday, August 9, 2012 8:42:31 AMSubject: Re: another question: Mental retardation label-Not recommended

YES!!!!!! No IQ test either. My child qualifies for Medicaid without the ID label. Schools will use ID against you. "he is unable to learn academics so the focus must be lifeskills". I've heard stories if kids in 2nd gra> >> With all due respect to the posters on this subject, to the contrary it is not only unnecessary to have an ID or MR label to obtain services for medicaid for a student with autism, it is potentially deterimental to the student to have the ID or MR label placed on them. For the one thing autism is recoginized as a serious cognitive impairment, and as such is a condition covered by medicaid. This is also true of services from MHMRA. As a sidebar, there was a recent federal district court decision that mandated coverage for ABA for

medicaid.>> The other issue is that as soon as a student is identified as ID, the school district's respond by "lowering the bar" of expectations, taking the attitude "that the kid has an ID (mental retardation). What do you expect us (the school) to do?" I am seeing a marked increase in my special education advocacy practice of school districts attempting to add the ID label with the same explanation to the parent, that this will assist the student in obtaining services. Hogwash. Do not be fooled by this tactic.>> There are many families that read this listserve daily that obtain valuable information, however, warnings such as the one that was given in the previous posting can significantly compromise outcomes for individuals if acted upon. I implore everyone to use extreme caution, with their words in making posts and be certain of your facts before you press the "send" button.>> Sincerly,> Louis H.

Geigerman> President> National ARD/IEP Advocates> http://narda.org/> louis@...>> >>>> >> Subject:

another question: Mental retardation label>> To: Texas-Autism-Advocacy >> Date: Sunday, August 5, 2012, 10:13 PM>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Ã‚ >>>>>>>>>>>>>>>>>>>> When my son went to the school's preschool program they had him labeled mental retardation-nc. We pulled him out the 2nd year he would have been in and did our own therapy program for awhile but plan on putting him back in this year.I homeschool 4 other kids and don't think I can do another year with him and my 3yo with possible autism. It

was just too much. Anyways, the doctor he saw that diagnosed him with autism said I need to have the school remove the mental retardation and put autism in its place. How would I go about doing that? Does autism change the services he gets or is it the same regardless of the label? Some of you wrote that the school took away your diagnosis of Autism. What did you do? How can they take away a diagnosis given to a child by a licensed physician? Now, I'm starting to get cold feet about public school.>>>>>>>> >>>>

August 9, 2012

we are in the same boat stacey. i know what you mean. Sent from my iPhone

I understand. I feel so helpless because we have privately funded insurance and that leaves us out of the Texas law. We cannot afford the services. Our insurance will pay for the ST, OT, PT albeit under other labels like hypotonia and things like that. We were looking into the medicaid buy in to at least cover those therapies when our scheduled amount of visits run out. We make too much money and not enough money if you know what I mean. This is so frustrating. From: Louis

To: Texas-Autism-Advocacy Sent: Wednesday, August 8, 2012 11:06 PM Subject: Re: another question: Mental retardation label-Not recommended

That is not exactly what I said. I said there was a federal court ruling that mandated coverage for ABA under medicaid. The ruling came from a Federal Judge in Florida and not in the 5th Circuit which covers Texas. Here is the link to info about the case

http://www.autismspeaks.org/blog/2012/03/26/federal-judge-rules-medicaid-must-cover-aba

This issue will still have to be either litigated in the 5th circuit or appealed to the supreme court to have precedent in other jurisdictions. So the answer is unknown what a judge in this circuit would rule.

Louis

> >>

> >> From: concernedformycountry <julie74601@>

> >> Subject: another question: Mental retardation label

> >> To: mailto:Texas-Autism-Advocacy%40yahoogroups.com

> >> Date: Sunday, August 5, 2012, 10:13 PM

> >>

> >> Ãƒâ€šÃ‚

> >>

> >> When my son went to the school's preschool program they had him labeled mental retardation-nc. We pulled him out the 2nd year he would have been in and did our own therapy program for awhile but plan on putting him back in this year.I homeschool 4 other kids and don't think I can do another year with him and my 3yo with possible autism. It was just too much. Anyways, the doctor he saw that diagnosed him with autism said I need to have the school remove the mental retardation and put autism in its place. How would I go about doing that? Does autism change the services he gets or is it the same regardless of the label? Some of you wrote that the school took away your diagnosis of Autism. What did you do? How can they take away a diagnosis given to a child by a licensed physician? Now, I'm starting to get cold feet about public school.

> >>

>

> >>

> >

>

August 9, 2012

What do texas schools offer to children diagnosed with autism? Do any offer ABA?Thanks,

Thank you Louis, good advice. I wish I had been more aggressive on some of these IEEâ€™s but its hindsight now. In the future I will not let it slide so easily. Grrr!!!!

From: Louis

Sent: Thursday, August 09, 2012 7:21 PM

To: Texas-Autism-Advocacy

Subject: Re: another question: Mental retardation label-Not recommended

All a school district is required to do when an IEE is performed is to "consider" it. If they choose to disagree with the evaluation, then request that they provide you with their notice of refusal for not adopting the assessment. In that event, you should disagree with the ARD committee decision and then consider forcing their hand and filing for due process. Make certain that you expert evaluator will testify to their finding. This is part of the process, and is one of the ways that the statute provided to assert your rights. Unfortunately, if families do not use that right, many times the district will look upon you as a paper tiger and take advantage of you. Louis H. GeigermanPresidentNational ARD/IEP Advocateshttp://narda.orgmailto:louis%40narda.org> > > > > >> > > Aloha,> > >> > > Thanks for the thought Trina.> > >> > > A consent from parents is certainly required but sometimes parents are in quandry and have to make difficult decision as to whether proceed with evaluation or not. If a parent does not consent, it may have unintended consequences. ( see below)> > >> > > " If the district tries but fails to obtain parental consent, it "will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with the special education and related services for which the parent refuses or fails to provide consent." 34 CFR 300.300 ((2). Additionally, it is not required to convene an IEP meeting or develop an IEP for the child. 34 CFR 300.300 ((3).> > >> > > My response is to insure if there is anything disagreeable with school evaluations there is a second bite at the evaluation apple with a request for an Independent Education Evaluation.> > > (IEE)> > >> > > Mahalo,> > >> > > Beinke> > > > > > Director of Advocacy> > > http://www.cirkielaw.com/> > > http://www.stopschoolbullyingnow.com/> > >> > >> > > >>

August 9, 2012

Trina,My son's lawyer said we have to agree to it or if we go to DP on that issue, we will look " uncooperative. " We really hate this situation and all it is about for them is they do not want to pay for his compensatory services so he can actually get an education.

Louis, I know then we can request an IEE, but they will force us to go to DP on that, as well. Then they will say we already had testing done, and then they will be willing to look at that. This district really hates me for reasons I cannot discuss.

I told a story on here once about the thief who got caught in the hen house. The thief was very sorry he got caught but not at all sorry he stole, and the thief swore revenge on the farmer who caught him in the hen house stealing. The end.

It is not about me! It is about an innocent child is is of average intelligence who has scatter skills who STILL needs an education!I just need to know a we go on with this, that when they come up and try to say my son is ID?MR and not autistic that I will be able to fight this. I mean all his docs have told me they would be willing to testify. His immunologist has known him since he was four and he assures me that my son is not ID.

I know he is not because I have taught him so many things like swallowing pills, holding his breath under water, potty training at age five within three days, swimming, riding horses, reading, writing, math, and spelling and cooking! Just in the past two weeks he has overcome his fear and will now jump off from the side of the pool (not ours - his swim teacher's) into the deep end. He is also learning to dive. He is learning all kinds of swim strokes - not just the basic one.

I think their intention is to break us by trying to force us into DP on every decision. If we say " black " they always say " white. " Yet they talk about how they want to forget the past and move forward and rebuild our trust..... How do you rebuild trust when you have your attorney at a meeting that is just to decide the need to continue special ed services and have him there just to be snotty to the parents?

August 9, 2012

Haven, if they want to file for due process to defend their assessment, let them

as they will now have the burden of proof, and they will have spend 20k plus

assuming that they are outsourcing their attorney to save $2000 (from not paying

for the IEE). Sounds good to me. I know some reporters that would love to do a

story about school administrators wasting taxpayer monies. It is much easier to

play defense, so let them file on you. Don't let that scare you away.

Louis Geigerman

National ARD/IEP Advocates

http://narda.org

>

> Trina,

>

> My son's lawyer said we have to agree to it or if we go to DP on that

> issue, we will look " uncooperative. "

>

> We really hate this situation and all it is about for them is they do not

> want to pay for his compensatory services so he can actually get an

> education.

>

> Louis, I know then we can request an IEE, but they will force us to go to

> DP on that, as well. Then they will say we already had testing done, and

> then they will be willing to look at that. This district really hates me

> for reasons I cannot discuss.

>

> I told a story on here once about the thief who got caught in the hen

> house. The thief was very sorry he got caught but not at all sorry he

> stole, and the thief swore revenge on the farmer who caught him in the hen

> house stealing. The end.

>

> It is not about me! It is about an innocent child is is

> of average intelligence who has scatter skills who STILL needs an education!

>

> I just need to know a we go on with this, that when they come up and try to

> say my son is ID?MR and not autistic that I will be able to fight this. I

> mean all his docs have told me they would be willing to testify. His

> immunologist has known him since he was four and he assures me that my son

> is not ID.

>

> I know he is not because I have taught him so many things like swallowing

> pills, holding his breath under water, potty training at age five within

> three days, swimming, riding horses, reading, writing, math, and spelling

> and cooking! Just in the past two weeks he has overcome his fear and will

> now jump off from the side of the pool (not ours - his swim teacher's) into

> the deep end. He is also learning to dive. He is learning all kinds of

> swim strokes - not just the basic one.

>

> I think their intention is to break us by trying to force us into DP on

> every decision. If we say " black " they always say " white. " Yet they talk

> about how they want to forget the past and move forward and rebuild our

> trust..... How do you rebuild trust when you have your attorney at a

> meeting that is just to decide the need to continue special ed services and

> have him there just to be snotty to the parents?

>

August 9, 2012

Well if they did it was not with my permission and not admissible. I specifically said no iq test. Doctors diagnose AU all the time and even our 3 day diag from Kennedy Kruieger did not include a iq test. My son was due for a reval this year. Laughable, like autism goes away. Even the lssp agreed yes AU but not mr. ST and ot still qualifies as AU not mr. I disagree the eval needs iq test and if they do it without my permission it's not useable and illegal.

> >> Trina, > In order to determine if a child meets the AU eligibility criteria, a Psychological Evaluation must be conducted by a Licensed Specialist in School Psychology (LSSP). This evaluation must be conducted in addition to the psychoeducational evaluation (intelligence, achievement, language, vision, etc.,) and a Speech and Language Evaluation. These 3 evaluations are required in order to determine if the child meets or not the AU disability criteria. The AU IEPs, are developed based on the results of all 3 evaluations. When your child had the Dyslexia evaluation, she/he was most lightly given what is called a " Brief IQ Test. " This type of IQ test gives a very general sense of the child's cognitive functioning.

> Loretta,> Advocate> " The way you do anything is the way you do everything! " > Sent from my iPhone4>

>> >> Okay but a autism eval is different than a iq eval and a iq eval should not be needed to develop a iep for autism, just as it was not required for my dyslexic child. I am really angry at this bullying tactic from schools pushing invalid iq tests on the non verbal.schools by law don't have to honor a IEE I thought.

>> >> >>>> Aloha,>>>> Thanks for the thought Trina.

>>>> A consent from parents is certainly required but sometimes parents are in quandry and have to make difficult decision as to whether proceed with evaluation or not. If a parent does not consent, it may have unintended consequences. ( see below)

>>>> " If the district tries but fails to obtain parental consent, it " will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with the special education and related services for which the parent refuses or fails to provide consent. " 34 CFR 300.300 ((2). Additionally, it is not required to convene an IEP meeting or develop an IEP for the child. 34 CFR 300.300 ((3).

>>>> My response is to insure if there is anything disagreeable with school evaluations there is a second bite at the evaluation apple with a request for an Independent Education Evaluation.>> (IEE)

>>>> Mahalo,>>>> Beinke>> >> Director of Advocacy>> http://www.cirkielaw.com/>> http://www.stopschoolbullyingnow.com/

>>>>>>

August 9, 2012

For the record a abbls assessment is a better test although i am not a fan of ABA past second grade.My original lssp came to the house. She had just graduated. I asked my school if they thought shed have a different diagnosis than a team of seven doctors we spent 3 days of with at Kennedy Krieger She didn't of course. Until recently psychology didn't have focused classes on autism.I have a ex tutor getting her doctorate in Psychology and she learned more working with my child.she also has a goal to deveop a non verbal iq test using alternative communication methods. My child was thought to be on a kinder level in 6th grade. When he learned to use a letterboard he passed the PSAT higher than 94% of the states 10th graders. I'm adamant about not having these children underestimated. It's what's right and they deserve to learn.

> >> Trina, > In order to determine if a child meets the AU eligibility criteria, a Psychological Evaluation must be conducted by a Licensed Specialist in School Psychology (LSSP). This evaluation must be conducted in addition to the psychoeducational evaluation (intelligence, achievement, language, vision, etc.,) and a Speech and Language Evaluation. These 3 evaluations are required in order to determine if the child meets or not the AU disability criteria. The AU IEPs, are developed based on the results of all 3 evaluations. When your child had the Dyslexia evaluation, she/he was most lightly given what is called a " Brief IQ Test. " This type of IQ test gives a very general sense of the child's cognitive functioning.

> Loretta,> Advocate> " The way you do anything is the way you do everything! " > Sent from my iPhone4>

>> >> Okay but a autism eval is different than a iq eval and a iq eval should not be needed to develop a iep for autism, just as it was not required for my dyslexic child. I am really angry at this bullying tactic from schools pushing invalid iq tests on the non verbal.schools by law don't have to honor a IEE I thought.

>> >> >>>> Aloha,>>>> Thanks for the thought Trina.

>>>> A consent from parents is certainly required but sometimes parents are in quandry and have to make difficult decision as to whether proceed with evaluation or not. If a parent does not consent, it may have unintended consequences. ( see below)

>>>> " If the district tries but fails to obtain parental consent, it " will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with the special education and related services for which the parent refuses or fails to provide consent. " 34 CFR 300.300 ((2). Additionally, it is not required to convene an IEP meeting or develop an IEP for the child. 34 CFR 300.300 ((3).

>>>> My response is to insure if there is anything disagreeable with school evaluations there is a second bite at the evaluation apple with a request for an Independent Education Evaluation.>> (IEE)

>>>> Mahalo,>>>> Beinke>> >> Director of Advocacy>> http://www.cirkielaw.com/>> http://www.stopschoolbullyingnow.com/

>>>>>>

August 10, 2012

I totally agree with you! Assessment of non-verbal students most include more than the commonly used instruments, including some of their, so called, no-verbal versions. Regardless of what psychologists, and even LSSPs, may learn while in college, in order to really "get" this population, more training is needed. In the last 10 years I have spent hundreds of dollars and have no idea how many hours expanding my knowledge in the area of Perversive. Developmental Disorders. Evaluation, interventions, learning strategies, etc,. In reference to ABA, the principles apply to all of us. Every behavior we demonstrate has a function that must be met. We can be taught a more positive, acceptable behavior, as long as that function is met. That's ABA!Training as an LSSP only provided me with a very basic understanding. One must train, observe, interpret, train, observe, interpret, train, observe, interpret, on and on. The way I see it, it's our responsibility to unlock the wonders in their brains. We woul be amazed at what we will uncover!! Loretta,Advocate"The way you do anything is the way you do everything."Sent from my iPad2

For the record a abbls assessment is a better test although i am not a fan of ABA past second grade.My original lssp came to the house. She had just graduated. I asked my school if they thought shed have a different diagnosis than a team of seven doctors we spent 3 days of with at Kennedy Krieger She didn't of course. Until recently psychology didn't have focused classes on autism.I have a ex tutor getting her doctorate in Psychology and she learned more working with my child.she also has a goal to deveop a non verbal iq test using alternative communication methods. My child was thought to be on a kinder level in 6th grade. When he learned to use a letterboard he passed the PSAT higher than 94% of the states 10th graders. I'm adamant about not having these children underestimated. It's what's right and they deserve to learn.

> >> Trina, > In order to determine if a child meets the AU eligibility criteria, a Psychological Evaluation must be conducted by a Licensed Specialist in School Psychology (LSSP). This evaluation must be conducted in addition to the psychoeducational evaluation (intelligence, achievement, language, vision, etc.,) and a Speech and Language Evaluation. These 3 evaluations are required in order to determine if the child meets or not the AU disability criteria. The AU IEPs, are developed based on the results of all 3 evaluations. When your child had the Dyslexia evaluation, she/he was most lightly given what is called a "Brief IQ Test." This type of IQ test gives a very general sense of the child's cognitive functioning.

> Loretta,> Advocate> "The way you do anything is the way you do everything!"> Sent from my iPhone4>

>> >> Okay but a autism eval is different than a iq eval and a iq eval should not be needed to develop a iep for autism, just as it was not required for my dyslexic child. I am really angry at this bullying tactic from schools pushing invalid iq tests on the non verbal.schools by law don't have to honor a IEE I thought.

>> >> >>>> Aloha,>>>> Thanks for the thought Trina.

>>>> A consent from parents is certainly required but sometimes parents are in quandry and have to make difficult decision as to whether proceed with evaluation or not. If a parent does not consent, it may have unintended consequences. ( see below)

>>>> " If the district tries but fails to obtain parental consent, it "will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with the special education and related services for which the parent refuses or fails to provide consent." 34 CFR 300.300 ((2). Additionally, it is not required to convene an IEP meeting or develop an IEP for the child. 34 CFR 300.300 ((3).

>>>> My response is to insure if there is anything disagreeable with school evaluations there is a second bite at the evaluation apple with a request for an Independent Education Evaluation.>> (IEE)

>>>> Mahalo,>>>> Beinke>> >> Director of Advocacy>> http://www.cirkielaw.com/>> http://www.stopschoolbullyingnow.com/

>>>>>>

August 10, 2012

I know Spring Branch ISD offers ABA. I'm not aware of other districts.

Are you considering public placement? You've homeschooled in the past, right?

Kim

Sent from my Verizon Wireless Smartphone

Stilwell wrote:

>What do texas schools offer to children diagnosed with autism? Do any offer

ABA?

>

>Thanks,

>

>> Thank you Louis, good advice. I wish I had been more aggressive on some of

these IEEâ€™s but its hindsight now. In the future I will not let it slide so

easily. Grrr!!!!

>>

>> From: Louis

>> Sent: Thursday, August 09, 2012 7:21 PM

>> To: Texas-Autism-Advocacy

>> Subject: Re: another question: Mental retardation

label-Not recommended

>>

>> All a school district is required to do when an IEE is performed is to

" consider " it. If they choose to disagree with the evaluation, then request that

they provide you with their notice of refusal for not adopting the assessment.

In that event, you should disagree with the ARD committee decision and then

consider forcing their hand and filing for due process. Make certain that you

expert evaluator will testify to their finding. This is part of the process, and

is one of the ways that the statute provided to assert your rights.

Unfortunately, if families do not use that right, many times the district will

look upon you as a paper tiger and take advantage of you.

>> Louis H. Geigerman

>> President

>> National ARD/IEP Advocates

>> http://narda.org

>> mailto:louis%40narda.org

>>

>> > > >

>> > > > Aloha,

>> > > >

>> > > > Thanks for the thought Trina.

>> > > >

>> > > > A consent from parents is certainly required but sometimes parents are

in quandry and have to make difficult decision as to whether proceed with

evaluation or not. If a parent does not consent, it may have unintended

consequences. ( see below)

>> > > >

>> > > > " If the district tries but fails to obtain parental consent, it " will

not be considered to be in violation of the requirement to make FAPE available

to the child because of the failure to provide the child with the special

education and related services for which the parent refuses or fails to provide

consent. " 34 CFR 300.300 ((2). Additionally, it is not required to convene an

IEP meeting or develop an IEP for the child. 34 CFR 300.300 ((3).

>> > > >

>> > > > My response is to insure if there is anything disagreeable with school

evaluations there is a second bite at the evaluation apple with a request for an

Independent Education Evaluation.

>> > > > (IEE)

>> > > >

>> > > > Mahalo,

>> > > >

>> > > > Beinke

>> > > >

>> > > > Director of Advocacy

>> > > > http://www.cirkielaw.com/

>> > > > http://www.stopschoolbullyingnow.com/

>> > > >

>> > >

>> >

>>

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Re: another question: Mental retardation label-Not recommended

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