School - We feel ED and a parenting issue, NOT Autism.

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This is what I got, spoken from the Sped Dir over the phone a few days ago.

Nevermind that my older son has been privatly dx'd with 5 (yes 5) doctors. This ranges from 2 Psychologists (including the Regional Center) to a Psychiatrist a Neuro-Psychologist
and then of course lastly a Ped Neuro.

And I didn't even go to some docs for dx's. I went for therapy and meds!

My younger son has seen two doctors that say AS and Tourette Syndrome.

I have contacted a lawyer.... this is redicules how the school system is.

California sucks.

Lainie

sorry you're going through that. ihope they will shape up soon.

I'm sorry the school is taking such a horrible stance. They did a similar thing to me. A lot of the school types are really looking out for their budgets (esp. now) and ASD is an expensive label when they choose to treat it. It's my impression that they mostly choose not to treat it, unless the family has the financial means to fight them.

I looked into special ed. litigation for us and I could not afford it. It's a gamble if it escalates to the court phase of things. I know a few families that got what they wanted by getting an attorney and it didn't go into full blown litigation.....but, I was advised by my attorney and another special ed. litigation professional that the county was digging their heels in my case (single mom, limited resources) and they would probably outlast me in court proceedings, even though my case was good. I would have had to take out a second mortgage, etc.....

The idea of public school and IDEA is great, but sometimes the individuals and the personalities in your school system just plain suck and they can be quite cruel. (i homeschool now)

A parenting issue? Where did those offensive bastards get their degrees in neuropsychology to be able to assess whether or not autism is there when they have proof from actual doctors?

Honestly...

Getting a lawyer is an appropriate step. Good luck with this.

So long as you have the actual documentation, you can accuse them of slander, if only that and to prove a point.

Probably a good idea to get a lawyer and hold talks. But odds are they're gonna ignore you. Aspies are too difficult to deal with in the system. We represent change and they can't handle that.

Regards
GM

sorry to hear you're going through this. stinks, really...............try finding a parent advocate

Talk to different schools and districts that are within commute distance, also. Find out what they would do for a child diagnosed with Aspergers. This can be used as a tool with your school, or as part of a transfer application.

Aspergers IS on the list of qualifiers for special education in California, so the idea it's a parenting issue and not an educational one is NOT a statewide opinion. They are trying to get rid of you. Don't allow it.

Basically, it sounds like they don't believe the dx. They will be the ones who have to document why they believe he has an Emotional Disability (ED - Right), instead of Aspergers. An individual who is ED is not usually ED due to parenting issues either so I don't get why they would say what they said to you.

Honestly, I would get a parent advocate or call the state. I would probably request "due process" and get a hearing officer involved.

Does your son receive any type of special education services at all? Are they stating they want to give him services under the ED category instead?

Rather, your particular school district sucks. They can vary quite a bit. For example, the district I'm in (in the San Francisco area) is very supportive. Mean while I've heard from my DS's psychiatrist that his AS/HFA patients in the next district are forced to get private services because the school wants to either main stream them w/o support or put them in classes for students with severe autism.

Even if you are seeking the help of an attorney, I'd recommend going to your book store and get the IEP books by Nolo Press. The Nolo books are a good legal resource written for non-attorneys. It will explain your rights and how to go about exercising them in the face of school opposition. It will help you to understand what your attorney is doing and give you an idea if he's pursuing all possible remedies.

I live in the central valley and they do suck. They say stupid things like "Kids with Asperger's, don't rage" or they dont' bolt. Or when your child is clearly doing something autistic like, they say "Well everyone does that"

Then when my son finally let loose at school because he can't handle the environment of middle school, (he tends to hold in all the stress and let it out when he gets home) they call it ED and it's all of our fault!! !

Anyway, I am waiting to hear from an atty, and I am so tired of dealing with these nicompoops. I have been fighting for two years and it's just not for one child but two!

I just thougth I'd post this as how redicules this thing is they said and I knew you would all "get it"

Special education litigation is similar to medical malpractice case. Be prepared for the attorney to tell you that you will need several thousands of $$$ in private evaluations to support your case. For my son, the attorney recommended almost $20,000 in private evals. Then, attorney's fees could have been $20k to $100k+ (depending on how long to school fought me on it). It was all too much for me.

Good luck. Hopefully, your school district will cave with some slight pressure.

Did you call the state first and request due process and for a hearing officer or at least a state mediator to step in? It usually goes: Mediator, Hearing Officer then Attorney.

I am pretty sure you can call the state and ask for due process by a hearing officer (process right before attorney) and request a private evaluation. You would have to call the state to request it. If the hearing officer feels the the assessment is lacking than they would tell the school district to pay for a private assessment.

Again...review

http://www.wrightslaw.com/

You can find a lot of information here. Let me know what you find out.

I removed my lengthy response to natesmom. I know what I'm talking about when it comes to special ed law. I spent 2.5 years in the trenches.

However, there is no way you want to face the school's hearing officer w/o an attorney of your own. The hearing officer is an attorney and that hearing officer is working for the school.

Actually I agree with Tortuga about the atty and the hearing officer. I know not to set foot near a mediation or a dp without an attorny. Thats like a guarenteed win for the school.

You shouldn't have deleted it. It could have helped me to see your point of view because I work in the school system.

I am not saying you don't know what you are talking about.

I guess I can see why you took my post with offense. I kind of made it sound like you didn't know what you were talking about. I should have worded it differently. I meant it to merely be a question. Sorry

Perhaps you can PM me with your specific experience. I really want to know and learn. I don't want to completely hijack this thread.

Last edited by natesmom on 02 Dec 2008, 12:06 am, edited 2 times in total.

you must be in a good district natesmom, where are you so I can move? lol