Could really use some help

[Guest guest]

My son was diagnosed with Asperger’s right before

Christmas. Because of this, the school is beginning the process for an

IEP but as with most things it is taking some time (and we keep getting

comments like “Well you know…Asperger’s isn’t really

covered by 504 or the American’s with Disabilities Act” or “It

takes a long time, if ever, to put an IEP in place” so I don’t have

much hope). Naturally he has HORRIBLE issues in the cafeteria. We

discussed it with the Assistant Principal and asked if he could eat lunch with

his Grandmother who also works at the school only to be told that was against

school policy. So every day he does something in the cafeteria and is

given a ‘mark’ (which is an indication that he did something

outside of the school rules). I’m at the point of ignoring any ‘marks’

he receives during his lunch period because to me, he can’t always help

his behavior if the school isn’t willing to work with us on this one, but

I’m wondering how all of you would handle the situation?

Thanks

[Guest guest]

It depends on the state. Apparently, states have the ability to set their own

timelines...

http://www.wrightslaw.com/blog/?p=130

In Virginia, they have 65 business days from the time of the initial referral to

the time they have to determine eligibility. I handed in my written request in

mid September (I believe it was the 1st week of school) and my IEP eligibility

meeting was December 16th. Then they have 30 days in which to determine the

goals/services, so after nearly another month, I found out what services my

county was willing to offer (fortunately half of that month was over Winter

break). On January 7th, I was offered 1 hour of OT a MONTH plus the school's

special education teacher would help him as needed.

Of course, I have the option of due process, but once I hand in the complaint,

my county gets a 30 day 'resolution period' in which to address it before

passing the paperwork on for due process, and then the 45 day clock begins

within which a decision is made by the administrator. If my county (Henrico)

doesn't like the decision they have the option of appealing it in court. Google

'Henrico county vs RT'. Finally, when I made the decision to homeschool, we

probably lost a lot of our rights.

-

>

> It does not take so long to do an IEP. I don't know where you are in

> the process but they have a legal timeline in which to get the testing

> done and have a meeting to determine if he is eligible for an IEP or

> 504. If he is already eligible, then they have no excuse not to have

> an IEP meeting asap. I can never remember timelines - anyone remember

> what they are? It's like 60 days or something from the minute they get

> your written request. Again, you need to put your requests in writing

> which means they now are " on the clock " . If you did not do that, they

> can string it out indefinitely. But what a lousy thing to do! You

> might consider going over heads to your director of sped services and

> discussing these problems. But say, " It takes a long time? What is

> the legal timeline for getting an evaluation finished? " Wonder that

> aloud to these folks. Put a letter together to the director of sped

> complaining that you are not seeing any of it being done yet and are

> concerned that they will not finish within the legal timeline.

>

> I would also really suggest that you ask for their " policy " on letting

> kids eat lunch with their grandparent. lol. I doubt there is any rule

> saying he can't. Many kids with AS eat lunch in other places than the

> lunch room. You need to put some muscle behind your pushing! Go to

> www.wrightslaw.com and read about your rights.

>

> Roxanna

>

[Guest guest]

Another reason to home school… What’s the problem

with him eating with his grandmother? Another stupid school rule meant to

keep you and everyone else under control!!!

Yes you can get a 504 pretty quickly. It depends on the

school and how much they are helping. They don’t WANT to help most

of them because it means more work for them and they have to re-arrange lessons

and how they treat our children.

My heart goes out to you with dealing with this.

Namaste

Dawn in Tucson

There

is a difference between interest and commitment. When you are interested in

doing something, you do it only when circumstances permit. When you are

committed to something, you accept no excuses, only results. - Unknown

From:

[mailto: ] On

Behalf Of ,

Sent: Friday, January 15, 2010 12:31 PM

Subject: ( ) Could really use some help

My

son was diagnosed with Asperger’s right before Christmas. Because

of this, the school is beginning the process for an IEP but as with most things

it is taking some time (and we keep getting comments like “Well you

know…Asperger’s isn’t really covered by 504 or the

American’s with Disabilities Act” or “It takes a long time,

if ever, to put an IEP in place” so I don’t have much hope).

Naturally he has HORRIBLE issues in the cafeteria. We discussed it with

the Assistant Principal and asked if he could eat lunch with his Grandmother

who also works at the school only to be told that was against school

policy. So every day he does something in the cafeteria and is given a

‘mark’ (which is an indication that he did something outside of the

school rules). I’m at the point of ignoring any ‘marks’

he receives during his lunch period because to me, he can’t always help

his behavior if the school isn’t willing to work with us on this one, but

I’m wondering how all of you would handle the situation?

Thanks

[Guest guest]

I recommend checking with your state special education department about timelines. States have different requirements. In my state they have 60 days from when the request is entered to complete the evaluations and hold an eligibility meeting. In regards to the cafeteria behavior issues, you can request a Functional Behavior Assessment (does not have to be eligibile for special education to request). This Assessment will look at the behavior in the cafeteria and why it is happening. There should be a positive behavior plan that comes out of the assessment which you are a complete partner in crafting. The system they are currently using does not fly. They have to incorporate positive strategies. I would request it now in writing so that at least the cafeteria issue is addressed while you are waiting for the special education process to be completed.

In a message dated 1/15/2010 8:09:47 P.M. Eastern Standard Time, susanonderko@... writes:

Oh boy. Schools are pretty much the same it sounds like.AS is covered under autism or Other health impaired.An IEP eval once started has to end in 90 days unless you want it extended. I did have a few private reports written to insure my daughtergot classifed. I paid for a neuropsych eval (about $2000-$5000)and a neurologist wrote a short note to say to do what the neuropsych said to do (provide an aide, special services etc).My daughter in third grade was punished (sent to principal )for eating too slow. In fourth grade she was classifed, yet she had no lunch room supportso I pulled her out of lunch and ate with her in the car. In fifth grade the principal set up a small lunch room with an aide and a few other kids that had special needs. And then she had a total breakdown trying to cope with so many challegesand she ended up in a small school and there is an aidethat eats with a small group of them.There are so many issues to cope with. It is worth the money to insure the IEP is passed through.I hired a special ed lawyer to help me advocate.They explained the law to the school and that she did not have to be failing to be classifed. They argued that the discrepency in the nueropsch eval (IQ portion) between her high cognitive skillsand her low processing speed and working memory was a real disability. They argued the school was responsible for socialdevelopment and needed related service. They made sure the IEP eval had a neuropsych eval, OT eval, PT eval, learning eval (nothing found there). When the school found out a lawyer was coming to the meeting they had the director of special services there. I argued with my husband that this was her future and thateven if we had to spend college funds now we have to have thisstuff in place. You can ask for extensions in the IEP process to get a privateevaluation that they pay for too. You have to argue though that they didn't do a good job. (more money).While the process is in progress I would get as many evalus aspossible in and if you have to pay for a private neuropsythat is where I would spend the money if he is at least 9.I am not sure how much extensive neuropsy testsw they can do before9. Pam >> My son was diagnosed with Asperger's right before Christmas. Because of> this, the school is beginning the process for an IEP but as with most> things it is taking some time (and we keep getting comments like "Well> you know...Asperger's isn't really covered by 504 or the American's with> Disabilities Act" or "It takes a long time, if ever, to put an IEP in> place" so I don't have much hope). Naturally he has HORRIBLE issues in> the cafeteria. We discussed it with the Assistant Principal and asked> if he could eat lunch with his Grandmother who also works at the school> only to be told that was against school policy. So every day he does> something in the cafeteria and is given a 'mark' (which is an indication> that he did something outside of the school rules). I'm at the point of> ignoring any 'marks' he receives during his lunch period because to me,> he can't always help his behavior if the school isn't willing to work> with us on this one, but I'm wondering how all of you would handle the> situation? > > > > Thanks> > >