Expert: Tim Runner - 7/3/2009

Question
I don't know what to do now.  My daughter was diagnosed by the school with autism, because they said she meets the criteria.  Within two week they did the testing and had an Iep meeting.  My daughter was getting speech and therapy since 18 months and had progress to being in social groups for 3 years old.  The school told me that her services would continue even once she enter school, which turned out to be a lie.  I was told that the only way that she can continue to get services is through the Autistic program.  My concern about labeling Autistic when her doctor, developmental specials felt she was not autistic was providing a program to fit her needs.  She has only been the program two days, and accomplish two of her three goal.  My problem is that I don't trust the staff or the program.  My husband and I were not allowed to visit the program until she is there for a couple of weeks.  The program is not age appropriate for a 3 year old.  My daughter is in class with children who are two and three times her age.  She is made to sit at an activity to accommodate the autistic program, because they don't have the staff needed or room to accommodate.  They tell me she has very short attention span for the autistic program.  For her three year old social program she is appropriate.  I was told that if I pulled her out there were one other available services, no more speech occupation, nothing.  My daughter ended up loosing the opportunity to participate in the social summer program.  I need to pull her out of the School program.  I'm just not sure where to go from here.  We no longer have the help of child watch because of signing the Iep.  I know I need to get her looked at but the doctors the school can't agreed where her issues fall.

Any information would be helpful.  Thank you

Answer
You need to have your daughter's doctor put in writing his diagnosis, including the fact that he does not find her to be autistic. The doctor should also indicate what services he prescribes for her in school such as speech therapy 4 days per week. School psychologists can only determine the special education category a student belongs in and administer assessments to determine the level of help they need to provide. They are not qualified to make medical diagnoses.

You should share a copy of your doctor's written documents and call for another IEP in writing and at the same time rescind your signature of approval on the IEP they held. This means they have to go back to the placement and services agreed to on the previous IEP. If there was no previous IEP, there had to be a document that spelled out the previous services. Usually, this would again apply since there is no longer an IEP.  This means they can no longer place her in the autistic class and have to hold an IEP to determine new placement. If you don't like what they offer, you can again refuse to sign it and the last signed IEP remains in force. You can also ask that all the old services be put back in place.

I wish you and your daughter the best,
Tim Runner, Education Advocate
Email: timrunner@cox.net
Phone: (949) 582-3601
You can learn more at my web site:
www.special-education-answers.com
www.education-advocates.com (for DSL and phone)