Expert: Tim Runner - 2/25/2011

Question
My son was diagnosed with Aspergers prior to starting high school.  During elementary/middle school he was diagnosed with speech/language impairment.  He does not have an exemption from the high school foreign language requirement. He has a "Resource" period every other day -- on opposite days he can see the resource teacher during homeroom.  He has no study hall. Although he did well initially in middle school, now that he's in high school he struggles and is failing.  He made it through 9th grade Spanish by the skin of his teeth and this year he is failing.  The school feels he should be staying after school for extra help, but 1) staying after school puts him in a panic. 2) he has enough difficulty with English language skills and 3) I feel he should be expending the time and energy on his core classes.  It seems that the issue and stress over the Spanish class has completely brought him down even more academically in other classes and he dreads even going to school.  I would like to have some type of research/backup to meet with the school and get an exemption from the foreign language requirement.  I'm at the point where I'm not sure if his current school is a good fit for him.

Answer
Sue,

I assume your son has an IEP based on his disability. Most of the Aspergers students I represent qualify for Speech & Language services in the areas of social skills and pragmatics. A few qualify for speech disorders. I assume the foreign language requirement is either a district requirement for graduation (very unusual) or a school requirement? If it is just to enable your son to qualify for admission to certain colleges, you should be able to have him not take it. If it is a district requirement (or a school requirement) then the IEP Team has the power to override this requirement based on the unique needs of the student. If the IEP Team does not agree after you explain why your son needs to have the foreign language requirement waived, you may have to file for Due Process to get them to change their minds. You don't indicate whether or not your son is receiving counseling. It will be necessary to have a counselor or psychologist recommend the waiving of the requirement based on the impact it is having on his mental health. You will need this in Due Process to convince a judge and it should help persuade the IEP Team. (Please note that if he is attending a private school, then they can do as they please concerning their requirements for graduation.)

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