Expert: Tim Runner - 3/10/2008

Question
My son was labeled "EBD" because in that state at the time Aspergers wasn't considered a disability and it was the only way we could get him services. Now, three years later and a long story... my sons school has added an Aspergers eligibility but refuses to take off the EBD one. They say they can't say that his negative emotions are causing his school difficulties or it's his Aspergers. My son has 6 evaluations supporting his AS, but they are saying emotions showing up on the BASC evals and some other conduct one by me illustrate more "consistent" results and my son rates low on the AS scales.  He is very high functioning, that's why he should be given the proper supports and not be in a self contained psycho-educational class. Since his eligibility has to be mainly "EBD" to be in the class, they don't want to change it.  Is there something that I can do? They just want to re-evaluate him to try to find more "emotional" support.  His emotions that rated high on the BASC were also typical of Aspergers and SID (anxiousness, atypicality, withdrawal, aggressiveness).  They are saying depression and aggression/meltdowns are *not* typical Aspergers. I can't find an official reputable source to back up my claims. I have told them I am filing a complaint with the state, but do I need to go for due process instead?  They also did not follow my sons IEP only giving him 1.5 hours a day in resource instead of 3. Then, he had a meltdown and the only option we were given was to place him back in the exact same setting (that failed him) or place him in this self-contained class, so he is not being served in his LRE.
How do I fix this now?


Answer
Erin,
From your questions, it seems you have a real fight on your hands. A student does not have to have just one area of special education eligibility. Here in California, as well as in a number of other states, I have clients with both an Autism (Aspergers) and an Emotionally Distrubed (ED) eligibilities. I have Aspergers clients that are in regular or advanced classes, but have a one-to-one aid at all times. You will need to have a psychological assessment done for your child by a clinical psychologist with experience in the areas of Aspergers and education law. Based on what you said in your question, you probably will have to file for Due Process in order to change what is happening. You will need professional help to have a chance of winning in this costly and time consuming process. I usually am able to settle in over 90% of my Due Process filings. And your case should be one that can be settled so long as the school district feels they will loose. You can file a complaint for them not providing you with the services called for in the IEP. They are required by law to hold an IEP before changing the services (and you must agree with the changes before they can be implemented).

I wish you and your son the best,
Tim Runner, Education Advocate
You can learn more at my web site:
www.special-education-answers.com