legal rights for school social/ emotional accommodations?

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Hi all.

I have my son's IEP meeting tomorrow, to discuss deferring him to CBST (central based support team) so that he can attend a non public school program for kids on the spectrum. We haven't even had the meeting yet, and the special Ed team at the school has already given me false information to try and prevent me from trying to defer his case. So, I am trying to figure out what the DOE is required to offer ASD kids as far as social/ emotional support to try and prove his needs are not being met. His big issues are his inability to sustain friendships, pragmatic speech, inability to read social cues (and social vulnerability due to this), sensory overload, and inability to manage his emotions.

I read through a bunch of the IEP goals sticky, but did not find current information about the legal rights of social accommodations.

Any advice would be great. I am really trying not to have to use a lawyer, we really can't afford one.

Thanks so much for reading.

Have you seen the website wrightslaw.com? Lots of info on IEP'S.

I hired an advocate to go with me to one meeting. It was helpful, because the school then knows you mean business. I went through our local Learning Disability Assoc.

Also, I've heard that if you even say you are thinking of contacting a lawyer, it can help get things going in your direction.

And don't sign anything right at the meeting... Usually you have a few days to think it over.

I have much empathy for you as I've been through quite a few for my daughter. Best of luck!!

Thanks for your reply, yellowfinch. I did look at wright'slaw, but did not find exactly what I was looking for- but it may be because I dismissed it as not containing the info I needed before really digging into it, so I will look again (I have been looking at so many websites).

We had the meeting today, and the school psychologist refused to defer my son- even though he has never met my son and EIGHT other members of the meeting (who all have worked with my son) think he needs a different setting. So, now I need to file an impartial hearing. Sucks.

I don't believe that social emotional needs are treated any differently than any other needs. But that's not what he's in school for past the earliest years.

Is his academic progress limited by these social emotional issues? 8 people saying he needs this other placement suggests that's the case. They don't have to spend more money because he can't make friends, but if he is unable to learn because (for example) he is too anxious or agitated, they need to address it, and if the current interventions aren't effective they need to change them.

I think you could easily ask the question if 8 people in this meeting say the current placement is not successfully helping him make progress, you'd like to know the plan for helping him be successful, and it needs to be different than what isn't working. If they can't suggest something that might work and just say They so t pay for this other program than you (and they) are stuck I guess and you could say it sounds like time for a independent evaluation.

Wrightslaw has a section about follow up letters, this seems like a good thing to document, just writing "thank you for discussing....speech therapist reports my child is too upset to work on peer interactions, OT cannot work on fine motor because all the time is used up trying to calm him, teacher reports reading scores have not improved .....and you recommended no change" can help organize and document what happened. Plus when you do that in a calm manner it makes you look good and they look, well.... And they know it.

Have you asked for an independent evaluation? If their experts cannot agree it seems like a very reasonable step.

I hate when they lie to me, really very agitated by that....these are people we trust our children to, and there can be a lot of games.

Wrightslaw is a great site, though. I learned a lot. And seems like your child has a lot of people behind him, which I'm glad about!

Thanks, Waterfalls.

He is on grade level but, actually, his reading level has not gone up this year at all. But, he was at a high enough reading level at the end of last year that he is still on reading level for his grade. The teachers say, though, that he is so bothered by other kids in his space that it does get in the way of his ability to complete work in class. He also thinks kids are bumping into him on purpose all the time because there are so many kids in his class that he is kind of in sensory overload all the time and is always in defensive mode. So, he will have a meltdown which can last anywhere from 30 seconds to two hours depending on the circumstances. In that way, it also affects his ability to complete work in class. But, the big problem is that he does not feel safe in that school. The class is too big, there are too many kids in the school. The teachers don't see kids picking on him half the time, he is picked on all day. He is in sensory overload, which causes anxiety. The teachers and therapists are arguing that he has a right to feel safe in school, but he is not able to feel safe in this setting. He has also received OT, speech and counseling for 5 years with very minimal progress because they are just not able to provide him the support for his particular needs. The school psychologist (which is also the CSE rep) argued that we never tried a full time para with him, and we need to try that first. But, everyone else believes it will make matters worse. First of all, the para will not be able to help him with the proper social support. Secondly, he will hate that he has a para and will be more agitated, which will make all of his issues worse. He follows the rules, is not violent or aggressive, and does not wander. So, the para would only be to make sure other kids aren't picking on him. But, this will not provide my child with the skills or independence he will be able to receive at the other school. Plus, my kid hates when anybody helps him with anything.

But, yes, I am glad he has so many people on his side. They are going to provide documentation so that I can make a strong case to move him to the other school. It's just going to be more of an annoying process than I had hoped.

This isn't my area of expertise at all here, but if you got a dx of anxiety for him do you think that would go any further toward requiring a different setting for him? Possibly a letter from his dr as well?

Remember, if they move your son to a different school, then the school loses some funding. At least that is how it is in my state. That may be the real reason for them being this way. A doctor's letting and the word "lawyer" may help a lot.

_________________
I'm giving it another shot. We will see.
My forum is still there and everyone is welcome to come join as well. There is a private women only subforum there if anyone is interested. Also, there is no CAPTCHA.

The link to the forum is http://www.rightplanet.proboards.com

From what you wrote that the aide would be to prevent his being picked on, I think I'd write in my follow up letter "thank you very much for that" and focus on what the experts are saying he needs if possible for other reasons. Because if the reality is, he hasn't made the progress that's expected (and they're measuring, they're the ones giving you the information) something should be changed. This psychologist believes he's solved the picking on problem and doesn't want to admit they can't solve it; I think it might be best to move on to the "but what are we doing to help him make progress" issue. You feel he needs more speech therapy perhaps and more sensory friendly environment and so on, I would try to stay focused and focus whoever reads your letter (psychologist, administrators, judge....so very matter of fact and descriptive, no complaining just reporting the facts) on what's recommended by their experts (or independent evaluation) if possible as the aide cannot create a quieter environment, speech group, etc..

Hope you can get what your son needs!!

Here is an article that helped me about how the special Ed process works.

http://www.wrightslaw.com/advoc/article ... hearts.htm

And this is about writing letters. A follow up letter can be very effective....pleasantly reciting the facts but in a way that makes the point that you're being reasonable and their behavior, not so much.
http://www.wrightslaw.com/advoc/article ... etters.htm

Try their book, Wrightslaw: Special Education Law, 2nd Edition (http://www.amazon.com/Wrightslaw-Specia ... 1892320169) by Peter W. D. Wright and Pamela Darr Wright, is an excellent resource and easier to navigate than their site. They should provide OT for sensory and executive function including emotion control, because they directly impact ability to learn. I am less certain about social.

Thanks, everyone! I contacted a lawyer. The lawyer said that, yes, they do have a legal obligation to address both social and emotional needs regardless of how the child is doing academically. I guess the school psychologist ( the only one who is holding back on approving the deferral) feels that the supports they are offering are sufficient. But all other members of the meeting (9 others in attendance) agree he needs a more supportive environment. So, we are moving to fight for the deferral.

So frustrating, though, to have so many reasons for what you think should happen and one person can block you! Hope the lawyer can help you!!

Specific to social skills: http://www.wrightslaw.com/blog/?p=6721

Also, if they are refusing services because your child is "at grade level," see http://www.wrightslaw.com/info/2e.index.htm

There are a number of legal helplines/hotlines for parents of kids with special needs if you have specific questions: you have to search your specific state for advocacy organizations. (google "special education law hotline" and your state.)