Expert: Tim Runner - 2/3/2009

Question
When my son began preschool, he was put on an IEP for speech therapy.  At this point we were seeing many doctors without getting answers about what was causing his delays.  We were told he was just a "late bloomer" and he would be fine.  At the end of kindergarten, the school said he no longer needed an IEP because he was on track with his speech.  At this time we really didn't understand how important an IEP was because we were still without any answers to our son's developmental delays.  Finally, in the middle of the year during the 1st grade, at the age of 7 he was diagnosed with Asperger's.  I asked for him to be put back on the IEP, and gave the school letters from his Doctor telling what services my son needed.  They put him back in speech therapy, but never started a new IEP.  Now he is in the second grade, and though I have had meetings with the Principal, school counselor, teacher, and speech therapist, I am getting the runaround.  Finally, though I have been harassing them since September, they told me today that he does not qualify for an IEP.  How can this be??  He is having terrible anxiety problems and they even called me to pick him up from school last week because they had a substitute teacher and he couldn't cope.  But most of the time he keeps his anxiety bottled up and only has meltdowns at home--and I mean AS SOON as he gets in the car after school.  It is getting worse and worse, and he has become increasingly violent with his siblings and even with himself.  The school never sees these behaviors and so when I talk about them they act as if I am crazy.  His speech therapist even went as far as saying that she was just at a seminar about Asperger's, and she would "never know in a million years" that my son even had it.  Unbelievable.  I am feeling very overwhelmed and slightly bullied, and I don't know what my next step should be.  He currently is in weekly play therapy and is now going to be starting OT.  He is having more and more troubles, but because he is academically doing well it feels like they don't want to help.  Oh, and he does go to a parochial school.  Is that the problem?  It is a nightmare thinking about switching schools, because he would be devastated.  To me it is obvious that his anxiety about school and his lack of being able to socialize with his peers is enough to get him on the IEP, but I guess they don't agree.
What is my next step?  I am desperate for help.

Answer
Nikki,

The school has to assess your son in all areas of suspected disability when you request it in writing. You should prepare such a letter to the principal and include copies of your son's doctor recommendations. The school has 15 days to present you with an Assessment Plan. Then once you sign this plan, they have 60 days to conduct the assessments and hold a meeting with you to present their results.

If they find your son is not eligible for special education based on the assessment results, you can file for Due Process, but without an advocate, you will probably loose. In most of my cases, we are able to settle before actually going to trial.

The idea of switching schools may not be the answer. Only some private schools are set up to serve special education kids. Look into what they have to offer before making a move.

Asperger's kids are a real challenge because they typically do fine in school and test well making it harder to qualify them for special education services. Your son may qualify under the category of autism or emotionally disturbed due to his out breaks. He will need social skills and pragmatics services given he has trouble socializing with other kids.

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
www.education-advocates.com (for DSL and phone)