Re: IEE failed

[Guest guest]

Wherever you had it done, call them back and require that they put the report into a usable manner.  I had to do this once.  You need things reported in standard scores and percentile ranks for each area tested.  You paid the money, so have them make the report usable.

IEE means " independent educational evaluation "   -- meaning you paid for it.You can get a school to pay for a second evaluation if they did the first one and you disagree with it, but there are guidelines to follow, so be informed.

I had an IEE come back once that stated things like " below average, " " Clinically significant, " etc... and I couldn't use that as data, so I called back and had them state things in standard scores and percentile ranks.  That is data you can use to determine progress, stagnation, or regression.

Haven

[Guest guest]

This was the school paid IEE, I didnt pay for it. I chose the evaluator too, not the school. But I guess I was misinformed or misunderstood how their evaluation would be done and the results completed. They did state things in percentile scores and percentile ranks, but the kicker was that even though they diagnosed my son with autism they also did not see a need for school support as a result of his autism per their school visits. That was the thing that got me and I talked to them about that and hhow it was stated in the report and they would not change the wording. And I also pointed out things in their report based on their school observation as autism related but they did not feel it was relevant. so basically I got screwed out of my son getting the services and accommodations he needs and his autism designation back cause the IEE evaluator didnt see any educational need even though they agreed and diagnosed him with autism as well. And they also used the DSM and a couple other tests to determine autism all which the school said are clinical and not educational.

Re: IEE failed

Wherever you had it done, call them back and require that they put the report into a usable manner. I had to do this once. You need things reported in standard scores and percentile ranks for each area tested. You paid the money, so have them make the report usable.IEE means "independent educational evaluation" -- meaning you paid for it.You can get a school to pay for a second evaluation if they did the first one and you disagree with it, but there are guidelines to follow, so be informed.I had an IEE come back once that stated things like "below average," "Clinically significant," etc... and I couldn't use that as data, so I called back and had them state things in standard scores and percentile ranks. That is data you can use to determine progress, stagnation, or regression.Haven

[Guest guest]

There isn't much you can do about this report because it follows all the

requirements of the school to be taken into consideration (at least according to

your post). So it sounds that both the school's IEE as well as the one that you

had done privately at the school's expense came to the same conclusion. However,

they are incorrect in their statement that your child does not qualify for

educational help/aide. Your son qualifies for everything under the Autism

Supplement (which they should have discussed with you at your ARD meeting)

simply because he has been identified by the district as a child with Autism!

Part of the supplement includes points such as qualified teaching personnell so

you can try and argue from there. Just because the IEE doesn't show a need

doesn't mean that he doesn't qualify for an Autism appropriate education.

[Guest guest]

Well they are messing him over, and it is in violation of federal law.  I will look for the statements relevant in the Federal Register, concerning this part of the IDEA and post it to the group.  I was just reading it the other day, and then realized this is exactly what is happening to a lot of our kids.

Keep an eye out for the post once I find it.If you disagree with their assessment you can get another one.  If he was diagnosed with autism, then he has needs that need to be met.Haven

[Guest guest]

Amen to all that you said!!!!!Sent from my iPhone

Well they are messing him over, and it is in violation of federal law. I will look for the statements relevant in the Federal Register, concerning this part of the IDEA and post it to the group. I was just reading it the other day, and then realized this is exactly what is happening to a lot of our kids.

Keep an eye out for the post once I find it.If you disagree with their assessment you can get another one. If he was diagnosed with autism, then he has needs that need to be met.Haven

[Guest guest]

I will be looking for it. The schools are getting away with murder when they are saying that not all children with autism have educational needs. The problem is that I can't find any specific research that states that autistic children have special educational needs. Only thing I can find is that children with autism benefit from early childhood programs....CarolynSent from my iPad

Well they are messing him over, and it is in violation of federal law. I will look for the statements relevant in the Federal Register, concerning this part of the IDEA and post it to the group. I was just reading it the other day, and then realized this is exactly what is happening to a lot of our kids.

Keep an eye out for the post once I find it.If you disagree with their assessment you can get another one. If he was diagnosed with autism, then he has needs that need to be met.Haven

[Guest guest]

they took his autism category away thus the reason for the iee. Sent from my iPhone

There isn't much you can do about this report because it follows all the requirements of the school to be taken into consideration (at least according to your post). So it sounds that both the school's IEE as well as the one that you had done privately at the school's expense came to the same conclusion. However, they are incorrect in their statement that your child does not qualify for educational help/aide. Your son qualifies for everything under the Autism Supplement (which they should have discussed with you at your ARD meeting) simply because he has been identified by the district as a child with Autism! Part of the supplement includes points such as qualified teaching personnell so you can try and argue from there. Just because the IEE doesn't show a need doesn't mean that he doesn't qualify for an Autism appropriate education.

[Guest guest]

Loree: I heard about a disturbing trend (can't remember where I read about it though) that the people on the school list's for IEE's often times are in cahoots with them. I never choose from their list. Instead I choose the person I want and then send their credentials for the school district for approval. I think there are certain rules on that (like it has to be someone in the area, not like in another state, for example). I know it is too late at this point for that. Sounds like you might have to pay for one of your own. Hilda From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of LorreeSent: Friday, June 24, 2011 11:12 AMTo: Texas-Autism-Advocacy Subject: Re: IEE failed This was the school paid IEE, I didnt pay for it. I chose the evaluator too, not the school. But I guess I was misinformed or misunderstood how their evaluation would be done and the results completed. They did state things in percentile scores and percentile ranks, but the kicker was that even though they diagnosed my son with autism they also did not see a need for school support as a result of his autism per their school visits. That was the thing that got me and I talked to them about that and hhow it was stated in the report and they would not change the wording. And I also pointed out things in their report based on their school observation as autism related but they did not feel it was relevant. so basically I got screwed out of my son getting the services and accommodations he needs and his autism designation back cause the IEE evaluator didnt see any educational need even though they agreed and diagnosed him with autism as well. And they also used the DSM and a couple other tests to determine autism all which the school said are clinical and not educational. Re: IEE failed Wherever you had it done, call them back and require that they put the report into a usable manner. I had to do this once. You need things reported in standard scores and percentile ranks for each area tested. You paid the money, so have them make the report usable.IEE means " independent educational evaluation " -- meaning you paid for it.You can get a school to pay for a second evaluation if they did the first one and you disagree with it, but there are guidelines to follow, so be informed.I had an IEE come back once that stated things like " below average, " " Clinically significant, " etc... and I couldn't use that as data, so I called back and had them state things in standard scores and percentile ranks. That is data you can use to determine progress, stagnation, or regression.Haven

[Guest guest]

Carolyn: If you live in the state of Texas, if the child has an autism diagnosis, they must do the autism supplement.  It is there you discuss that things that are necessary.  Remember, it is what is necessary to support the IEP.  So you have to be sure that the goals you write are specific enough so that the training, supports, etc. will follow when you get to the autism supplement. Hilda From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of CarolynSent: Friday, June 24, 2011 3:17 PMTo: Texas-Autism-Advocacy Subject: Re: IEE failed I will be looking for it. The schools are getting away with murder when they are saying that not all children with autism have educational needs. The problem is that I can't find any specific research that states that autistic children have special educational needs. Only thing I can find is that children with autism benefit from early childhood programs....CarolynSent from my iPad Well they are messing him over, and it is in violation of federal law. I will look for the statements relevant in the Federal Register, concerning this part of the IDEA and post it to the group. I was just reading it the other day, and then realized this is exactly what is happening to a lot of our kids.Keep an eye out for the post once I find it.If you disagree with their assessment you can get another one. If he was diagnosed with autism, then he has needs that need to be met.Haven

[Guest guest]

I do now, however it is not a school diagnosis and she is only in preschool so they are refusing services, as she does not qualify for public preschool any other way...... IEE is in a few weeks and I am praying hard....CarolynSent from my iPad

Carolyn: If you live in the state of Texas, if the child has an autism diagnosis, they must do the autism supplement. It is there you discuss that things that are necessary. Remember, it is what is necessary to support the IEP. So you have to be sure that the goals you write are specific enough so that the training, supports, etc. will follow when you get to the autism supplement. Hilda From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of CarolynSent: Friday, June 24, 2011 3:17 PMTo: Texas-Autism-Advocacy Subject: Re: IEE failed I will be looking for it. The schools are getting away with murder when they are saying that not all children with autism have educational needs. The problem is that I can't find any specific research that states that autistic children have special educational needs. Only thing I can find is that children with autism benefit from early childhood programs....CarolynSent from my iPad Well they are messing him over, and it is in violation of federal law. I will look for the statements relevant in the Federal Register, concerning this part of the IDEA and post it to the group. I was just reading it the other day, and then realized this is exactly what is happening to a lot of our kids.Keep an eye out for the post once I find it.If you disagree with their assessment you can get another one. If he was diagnosed with autism, then he has needs that need to be met.Haven

[Guest guest]

Ive never pick someone from the schools list. This IEE was done per my choosing and not the schools and not one on their list.

Re: IEE failed

Wherever you had it done, call them back and require that they put the report into a usable manner. I had to do this once. You need things reported in standard scores and percentile ranks for each area tested. You paid the money, so have them make the report usable.IEE means "independent educational evaluation" -- meaning you paid for it.You can get a school to pay for a second evaluation if they did the first one and you disagree with it, but there are guidelines to follow, so be informed.I had an IEE come back once that stated things like "below average," "Clinically significant," etc... and I couldn't use that as data, so I called back and had them state things in standard scores and percentile ranks. That is data you can use to determine progress, stagnation, or regression.Haven

[Guest guest]



A clinical medical diagnosis of autism does not qualify a child for sped services automatically just because they have a diagnosis. if they do not find an academic need they do not have to provide services. that is what happened to my son. They say he is doing fine socially and behaviorally and academically. I think if it wasnt for a really good sd slp finding his pragmatic speech issues they woudl have bumped him down to just a 504. When I was going thru his records per a records review I found an email from a district slp telling another evaluator that he is supposed to be dismissed from special ed. But apparently they didnt but instead ripped his autism category away from him saying he only has adhd. I think I screwed up tho by signing the ohi medical form from his dr before getting the IEE done. But that wouldnt have changed anything anyway cause they took away his autism category even before the IEE was even requested or even performed let alone them seeing the report. This school is evil!

RE: IEE failed

Carolyn:

If you live in the state of Texas, if the child has an autism diagnosis, they must do the autism supplement. It is there you discuss that things that are necessary. Remember, it is what is necessary to support the IEP. So you have to be sure that the goals you write are specific enough so that the training, supports, etc. will follow when you get to the autism supplement.

Hilda

From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of CarolynSent: Friday, June 24, 2011 3:17 PMTo: Texas-Autism-Advocacy Subject: Re: IEE failed

I will be looking for it. The schools are getting away with murder when they are saying that not all children with autism have educational needs. The problem is that I can't find any specific research that states that autistic children have special educational needs. Only thing I can find is that children with autism benefit from early childhood programs....

CarolynSent from my iPad

Well they are messing him over, and it is in violation of federal law. I will look for the statements relevant in the Federal Register, concerning this part of the IDEA and post it to the group. I was just reading it the other day, and then realized this is exactly what is happening to a lot of our kids.Keep an eye out for the post once I find it.If you disagree with their assessment you can get another one. If he was diagnosed with autism, then he has needs that need to be met.Haven

[Guest guest]

I posted that part o the Federal register which says it can't be becasue the child is doing well academically, and it also includes info about kids needing functional skills and they have to provide that type of training, as well.

Don't know if that can help you or not.What services are you wanting them to provide?Haven

[Guest guest]

They refuse to provide any kind of social skills help or anything functional. What do I want them to do? I asked for social skills group-no. I asked for music therapy-no. I asked for community based recreational therapy-no. I asked for art therapy-no. Ive asked for brain gym-no. Ive asked for interactive metronome-no. Ive asked for ESY to continue pragmatic speech therapy/goals-no. Ive asked for picture schedules-no. Ive asked for FBA-no. Ive asked for alternative consequences instead of taking away recess-no. It doesnt matter to them what they law says as they say there isnt a need based on their testing. They dont even know what half the things are that I asked for above. They say he is fine and better than most kids.

You are an awesome weath of knowledge, Haven, and I appreciate all the info you provide and suggestions you offer. I wish we lived closer so I could have you come to one of these ARD meetings. They are horrible. They are always predetermined, and I have copies of school emails that reference staffing meetings held before these ARD's which is against the law but I just dont know how to fight them with just myself. I hope one day I can be as strong and confident as you and stand up to this sd. I just pray that my son will turn out ok every day and love him as much as I can and teach him as much as I can and just do the best I can. I know they will be judged for their crimes in the end. So in the mean time I record everything, take notes, keep records, etc, just in case there is a time I need to do some real fighting.

Re: IEE failed

I posted that part o the Federal register which says it can't be becasue the child is doing well academically, and it also includes info about kids needing functional skills and they have to provide that type of training, as well.Don't know if that can help you or not.What services are you wanting them to provide?Haven

[Guest guest]

Loree: For each refusal of things you specifically asked for, did you ask them for Prior Written Notice detailing the reason for their refusal? For each issue? If not, go back to an ARD, ask these questions again, and when they say no, ask for Prior Written Notice regarding their reason for refusal. For each issue. Make sure you keep a list of each issue in a chart so you can document they said no. Make sure they note it in the minutes that " Mrs. _____ requested XYZ and they said, " ________ " without any further discussion of the matter. If they tell you they won't put it in the minutes because it's " their minutes " then you write it all down as an attachment. You ask that the attachment be added to the IEP and that they are to make note in their minutes of the attachment. Make sure you are mutually audiotaping these meetings. I usually make an attachment that says, " The audio recordings of this ARD shall serve as the complete and accurate reflection of the deliberations of the ARD committee and shall stand as the accurate reflection of the minutes, not just the minutes recorded by written record by ____ ISD, and the statements/minutes that were documented by Mrs. ______ in writing. " This way, if you ever went to due process or mediation, you would be possibly allowed to use the audio recordings as exhibits. I also hope that at these ARDs, you are checking " disagree " and not " agree? " Some districts will say, " Well, if you don't agree, we cannot implement the IEP objectives, " making the parent feel like they are deserting their parental duty by not signing in. It's bull. Again, if they insist on going down this route, you write ANOTHER attachment as a statement of disagreement that you disagree with (and then list out everything you disagree with), but they have your permission to implement XYZ (and list everything that is okay to ahead and implement, like IEP goals). And ask for a 10-day. Make them come back to the table with a different perspective in a legal way. Remember that IEP goals drive the supports, so if you want a metronome, then write a goal with a metronome needing to be used. Present your goals at the meeting. They have to consider your goals. If they say they won't accept your goals, then you add that to the list of things you want Prior Written Notice on (why you as a parent and equal member of the ARD committee was not allowed to help write goals). I had someone call me to ask me to transcribe their tapes for them, and she was telling me everything that was going on, and she was making a bad mistake by deciding to never sign the ARD in either agreement or disagreement and asked for a " continuance " for months and months and months. I gasped. It wasn't their annual ARD like mine used to be that went on for 40+ hours over a course of several months. Just an ARD they had called and because they didn't agree with what the district was saying, just asked to meet again. That never puts them into a position of responsibility. Know, though, that sometimes you do have to compromise on things, so prioritize the list below of what you think is crucial and then list them in lesser importance. Sometimes you have to maybe let go of the point that might be least important to get the thing that is most important. As far as asking for a functional behavioral assessment, I'm thinking because of the autism diagnosis they have to do it by law. Make sure you put this request in writing. Remember these words someone much wiser told me about 7 years ago: If it isn't in writing, it wasn't said. Every time you call the school for anything, follow it up with a letter about 1) the issue, 2) what was discussed 3) what the outcome was, and 4) if applicable, who is responsible for the implementation. I'm assuming, too, you've been to the slaw.com website where there is awesome information and sample letters, sample charts, samples for paper trails. Priceless information. I don't know if this helps any, but you can take what you may from it. Hilda From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of LorreeSent: Friday, June 24, 2011 9:59 PMTo: Texas-Autism-Advocacy Subject: Re: IEE failed They refuse to provide any kind of social skills help or anything functional. What do I want them to do? I asked for social skills group-no. I asked for music therapy-no. I asked for community based recreational therapy-no. I asked for art therapy-no. Ive asked for brain gym-no. Ive asked for interactive metronome-no. Ive asked for ESY to continue pragmatic speech therapy/goals-no. Ive asked for picture schedules-no. Ive asked for FBA-no. Ive asked for alternative consequences instead of taking away recess-no. It doesnt matter to them what they law says as they say there isnt a need based on their testing. They dont even know what half the things are that I asked for above. They say he is fine and better than most kids. You are an awesome weath of knowledge, Haven, and I appreciate all the info you provide and suggestions you offer. I wish we lived closer so I could have you come to one of these ARD meetings. They are horrible. They are always predetermined, and I have copies of school emails that reference staffing meetings held before these ARD's which is against the law but I just dont know how to fight them with just myself. I hope one day I can be as strong and confident as you and stand up to this sd. I just pray that my son will turn out ok every day and love him as much as I can and teach him as much as I can and just do the best I can. I know they will be judged for their crimes in the end. So in the mean time I record everything, take notes, keep records, etc, just in case there is a time I need to do some real fighting. Re: IEE failed I posted that part o the Federal register which says it can't be becasue the child is doing well academically, and it also includes info about kids needing functional skills and they have to provide that type of training, as well.Don't know if that can help you or not.What services are you wanting them to provide?Haven

[Guest guest]

I would file a complaint to TEA based on the fact that they seemTo be predetermined placements decided in staffing and that they are not considering your input. At the very least the district will have to address that.Thanks,AdinaSent from my iPhone

They refuse to provide any kind of social skills help or anything functional. What do I want them to do? I asked for social skills group-no. I asked for music therapy-no. I asked for community based recreational therapy-no. I asked for art therapy-no. Ive asked for brain gym-no. Ive asked for interactive metronome-no. Ive asked for ESY to continue pragmatic speech therapy/goals-no. Ive asked for picture schedules-no. Ive asked for FBA-no. Ive asked for alternative consequences instead of taking away recess-no. It doesnt matter to them what they law says as they say there isnt a need based on their testing. They dont even know what half the things are that I asked for above. They say he is fine and better than most kids.

You are an awesome weath of knowledge, Haven, and I appreciate all the info you provide and suggestions you offer. I wish we lived closer so I could have you come to one of these ARD meetings. They are horrible. They are always predetermined, and I have copies of school emails that reference staffing meetings held before these ARD's which is against the law but I just dont know how to fight them with just myself. I hope one day I can be as strong and confident as you and stand up to this sd. I just pray that my son will turn out ok every day and love him as much as I can and teach him as much as I can and just do the best I can. I know they will be judged for their crimes in the end. So in the mean time I record everything, take notes, keep records, etc, just in case there is a time I need to do some real fighting.

Re: IEE failed

I posted that part o the Federal register which says it can't be becasue the child is doing well academically, and it also includes info about kids needing functional skills and they have to provide that type of training, as well.Don't know if that can help you or not.What services are you wanting them to provide?Haven

[Guest guest]

Call me stupid, but how can one meet DSM criteria for autism (significant

impairment in COMMUNICATION, social skills, and BEHAVIOR) and NOT qualify for

special education?

First, a child has to have a diagnosed condition. Didn't the IEE say he had

autism? Then he has a diagnosed condition that qualifies him for special

education services. THEN, they determine what services, if any, he needs based

on his diagnosed disability. OBVIOUSLY, he if has significant impairments in

COMMUNICATION, there is some sort of educational need there...did they determine

what it was? How did he meet criteria for autism in the area of communication?

Did the assessor then go on to do some specific communication testing to

determine where he is functioning and where he SHOULD BE functioning compared to

others his age? Wasn't there a gap? If there was no gap, then how did she

justify that he does have autism.

This makes no sense. IMHO, you need to talk to a GOOD advocate who knows autism

and can go to the meeting with you and re-spin this to benefit your child.

Just MHO.

nna

nna Bond, M.Ed., ATP

Special Education Consultant

Autism Specialist

RESNA certified Assistive Technology Professional/Practitioner

[Guest guest]

Loree,Are you down neaqr Houston?  I think that is where you told me you were.How old is your son again?I noticed that Adina gave input here.  She is an awesome diagnostician and advocate.  I wish you could come up and let her evaluate your son.  Her evaluations have been a great help to us in the advocacy of our son.

I agree with her.  I also agree with EVERYTHING Hilda said, and I was going to say a lot of that here, but she gave you the info.  ANY time they disagree to anything you feel your child needs, THEY MUST decline it in writing and give a detailed written response as to why it isn't needed.

In a good evaluation -- such as the kind Adina would do, you would know where your child is with regard to functional skills, social skills, adaptability, speech, and academics.  They cannot say he doesn't need it if it hasn't been tested.

This sounds like a district that is in dire need of an attitude adjustment.  If you feel your child's civil rights are being denied, you can file a complaint with the OCR and they will investigate (at no cost to you).  You can complain to the TEA, but KNOW that whatever complaint you file with them must be presented to the district.  You MUST try to resolve the complaint at the local level first so that it looks like YOU tried.

Many districts keep their local complaint process a secret unless you ask.  Cheek the school handbook and there should be a section in there on the local complaint process. Follow that to the letter.  Then if you can't resolve it there, you file with TEA and send an EXACT copy of the complaint to the district (Superintendent and school board members).  then TEA will investigate.

It is very important that you save EVERYTHING.  Have your notebooks in chronological order and have them include all your child's school work.  It maybe that his grades/progress looks good on paper but if you were to look closer, you might find they are not doing their jobs.

If you could ever go to a 's Law conference, it would be some of the best money you ever spent, but if you can's then get the book " From Emotions to Advocacy " and the Pete 's book " Special Education Law, and start studying.  Do everything in the emotions book the way Pete says to do it.  The strategies work.

I find even if you become knowledgeable, there is always strength in numbers.  I like having an advocate come along.  Adina has come many times for us.  I'd grab a few people off the street if I had to just to have some extra bodies in there on my child's side.  My husband, though he is a very quiet person, knows he still has to " be there. "   It doesn't matter if they say a word, you just need your " gang. "

You MUST tape every meeting.  The declaration Hilda mentioned is a great idea so that you can later use the recordings in DP if you have to.I used to tape, but then for my twentieth anniversary, my husband got me an ipad, and wow!  This thing can record for hours, and then you can download it to your computer and then burn it onto a CD and place it in your educational notebook.  It is by far the best gift he ever got me (He gave me a choice between jewelry and the ipad, and I soooo made the right choice!).

We need to work together to turn this thing around for you.  I think you are going to need a full evaluation at your own expense.  Ask Adina who she might recommend in your area and how much it will cost you.  MHMR might do it at a reduced rate -- or Easter Seals?

Haven

[Guest guest]

Ok so, just in my limited experience in trying to get diagnosis/assessments. Easter Seals does not do diagnosis, although they do have a wonderful autism treatment program in the north Texas branch. I will be using the assessment that their BCBA did on my daughter to hopefully show educational need..... MHMRs wait here in Denton county is at least 6mths.... And that isn't particularly an educational eval.As far as TEA complaints go, I am convinced that when I called TEA to get info about the law, that they in turn called the school district and told them I was planning on filing a legit complaint. The day after I spoke to the lady at TEA the school district renigged on their promise of an IEE and filed due process on me..... Just my two cents....Hey Haven, what app are you using to record your ARDs??Thanks,CarolynSent from my iPad

Loree,Are you down neaqr Houston? I think that is where you told me you were.How old is your son again?I noticed that Adina gave input here. She is an awesome diagnostician and advocate. I wish you could come up and let her evaluate your son. Her evaluations have been a great help to us in the advocacy of our son.

I agree with her. I also agree with EVERYTHING Hilda said, and I was going to say a lot of that here, but she gave you the info. ANY time they disagree to anything you feel your child needs, THEY MUST decline it in writing and give a detailed written response as to why it isn't needed.

In a good evaluation -- such as the kind Adina would do, you would know where your child is with regard to functional skills, social skills, adaptability, speech, and academics. They cannot say he doesn't need it if it hasn't been tested.

This sounds like a district that is in dire need of an attitude adjustment. If you feel your child's civil rights are being denied, you can file a complaint with the OCR and they will investigate (at no cost to you). You can complain to the TEA, but KNOW that whatever complaint you file with them must be presented to the district. You MUST try to resolve the complaint at the local level first so that it looks like YOU tried.

Many districts keep their local complaint process a secret unless you ask. Cheek the school handbook and there should be a section in there on the local complaint process. Follow that to the letter. Then if you can't resolve it there, you file with TEA and send an EXACT copy of the complaint to the district (Superintendent and school board members). then TEA will investigate.

It is very important that you save EVERYTHING. Have your notebooks in chronological order and have them include all your child's school work. It maybe that his grades/progress looks good on paper but if you were to look closer, you might find they are not doing their jobs.

If you could ever go to a 's Law conference, it would be some of the best money you ever spent, but if you can's then get the book "From Emotions to Advocacy" and the Pete 's book "Special Education Law, and start studying. Do everything in the emotions book the way Pete says to do it. The strategies work.

I find even if you become knowledgeable, there is always strength in numbers. I like having an advocate come along. Adina has come many times for us. I'd grab a few people off the street if I had to just to have some extra bodies in there on my child's side. My husband, though he is a very quiet person, knows he still has to "be there." It doesn't matter if they say a word, you just need your "gang."

You MUST tape every meeting. The declaration Hilda mentioned is a great idea so that you can later use the recordings in DP if you have to.I used to tape, but then for my twentieth anniversary, my husband got me an ipad, and wow! This thing can record for hours, and then you can download it to your computer and then burn it onto a CD and place it in your educational notebook. It is by far the best gift he ever got me (He gave me a choice between jewelry and the ipad, and I soooo made the right choice!).

We need to work together to turn this thing around for you. I think you are going to need a full evaluation at your own expense. Ask Adina who she might recommend in your area and how much it will cost you. MHMR might do it at a reduced rate -- or Easter Seals?

Haven

[Guest guest]

Lorree, the system needs to changed. But I fear this change will take decades.

For the system to change THE SYSTEM needs to understand human development. The

system is based on an old factory model where the children are to be filled as

an empty vessel. The public system isn't working for many typically developing

humans. It's a basic disaster for our children.

Our children look like giant messes in the public system. But this isn't only

due to their different development and biomedical symptoms. It's pointing

right back to a system of living in this country that simply isn't working.

Even for a higher functioning child the system will never truly address the true

challenges in the brain development of a person with autism. And a typically

developing person also isn't getting this necessary stimulation in the public

school to develop integrated thought and in seeing the bigger picture.

Teacher's bring out the " phases of the moon lesson " with NO CONTEXT prior that

we come from the universe. I studied geometry in the 10th grade having never

held a right angled scalene triangle in my hand.

My life's work will be to impact on how medical and educational practices

develope. My opinion is that medical decisions should be based on the

developing human, not policy or financial gain. My opinion on educational

practices is that they should be also based on human development.

In the meantime I didn't feel as if I would ever get anywhere using th public

system. It's a slap in the face of an already wounded mother. However it's a

dead end in my opinion. So I scraped myself back up and continued to search

for help.

Your child may be normalized enough to function well in a Montessori Classroom.

I do not believe that children not working out in the public system should go

into Montessori. I think the 1:1 health and developmental issues should be

addressed prior to entering a Montessori setting. My son would never have

progressed from a severe autism diagnosis to now recovered having gone through a

Montessori program. He needed 1:1 for many years to develop everything. Now

he can thrive in any setting. But I choose Montessori because it develops the

process...not focus on the answer. I have many reasons for choosing

Montessori. Montessori is a sensorial experience going from concrete to

abstract at every level. If you do seek out Montessori, look to see if it is

AMS certified. Many call themselves Montessori, but actually are pulling

pieces, not the entire philosophy.

For the needs your child has, you'll likely benefit most from a therapy that is

aligned with his specific core needs. I like Son-Rise over RDI, though both

are great. RDI is still approaching the child behaviorally like ABA, but at

least it's addressing the core areas of need. Son-Rise follows the child's

motivation.

You might save up all your time and energy and start fundraising for Brain

Balance, or to look into one of the therapies above.

I hate to be a downer. I understand the money part. It's insane, but I don't

believe we'll get anywhere with school systems. A system who is looking to

determine learning through testing does not value children, individual

development, or how the process of learning takes place. I don't mean to infer

that well intentioned people aren't working in the system. They are there...I

was one of them. But I had to leave the system. It's not working and it's a

giant to bring down. As big as Big Pharma.

All the best to you!

>

> They refuse to provide any kind of social skills help or anything functional.

What do I want them to do? I asked for social skills group-no. I asked for

music therapy-no. I asked for community based recreational therapy-no. I asked

for art therapy-no. Ive asked for brain gym-no. Ive asked for interactive

metronome-no. Ive asked for ESY to continue pragmatic speech therapy/goals-no.

Ive asked for picture schedules-no. Ive asked for FBA-no. Ive asked for

alternative consequences instead of taking away recess-no. It doesnt matter to

them what they law says as they say there isnt a need based on their testing.

They dont even know what half the things are that I asked for above. They say

he is fine and better than most kids.

>

> You are an awesome weath of knowledge, Haven, and I appreciate all the info

you provide and suggestions you offer. I wish we lived closer so I could have

you come to one of these ARD meetings. They are horrible. They are always

predetermined, and I have copies of school emails that reference staffing

meetings held before these ARD's which is against the law but I just dont know

how to fight them with just myself. I hope one day I can be as strong and

confident as you and stand up to this sd. I just pray that my son will turn out

ok every day and love him as much as I can and teach him as much as I can and

just do the best I can. I know they will be judged for their crimes in the

end. So in the mean time I record everything, take notes, keep records, etc,

just in case there is a time I need to do some real fighting.

>

>

> Re: IEE failed

>

>

>

> I posted that part o the Federal register which says it can't be becasue the

child is doing well academically, and it also includes info about kids needing

functional skills and they have to provide that type of training, as well.

>

> Don't know if that can help you or not.

>

> What services are you wanting them to provide?

>

> Haven

>

[Guest guest]

,I applaud everything you said.  My beef is that parents ought not to have to pay to provide a FAPE.  If parents keep good records, then it is possible to get a FAPE provided (probably not in the PS, but in a private placement, and that may include a private home placement.

I was in the system too, and you are right on.  I even saw horrors in the public special needs system in a publicly funded school back in 1980.  It was a travesty then, and it still is.I think the only way we can ever begin to see change is when competition is set up for the special ed dollars -- hence vouchers, which I think would help all children.  It is ABSURD that parents have but one choice in where to send their kids to school.  If parents had the choice of taking those funds to private schools, they would all be chasing their tails to change the way they teach and become innovative.

I don't think I could ever go back and teach in PS again.  they have taken all the creativity out of it.  It is so mundane.  And if it mundane to me, then imagine how boring it is for the students?  Learning needs to be made as exciting as possible -- some things will always be tedious, but if you can get a child to want  to know more -- to thirst for it, then you are onto something.  Most Americans do not realize how pitifully behind America's kids are compared to China, Japan, and Europe. 

Don't shoot me but I think football programs have got to go -- stop spending tons of money on stadiums when chances are not even ONE of these boys will ever make the pros.  Leave this stuff to the cities at large and not the schools.  This would also eliminate the need to hire coaches to be teachers, because -- I'm sorry, I haven't seen one of them make a good teacher yet.  They stick them in history and government -- All I have ever seen them do is assign a chapter and then spend the entire class go over the questions at the end of the chapter.  Most sit their asses in a chair with their legs propped up on the desk.  Teachers need to be on their feet and on the beat.

I'm getting on my soap box, but I wen to Catholic school and then to public.  Then I taught in Catholic and then taught in public, and the disparity is beyond palpable.  If the churches can do a better job for less money, then we ought to let them do it.  Government has done a poor job at best.

So then what chance do OUR children have in the public system?  Very little.  The main reason, I think, is that they lie simply to get the dollars.  They are still extremely prejudiced about special children's ability to learn.

I wish we all lived in the same area, and then we could start a charter school. 

[Guest guest]

Yes I am here in houston, but not HISD. I am in a different district.

so are you saying by that federal register that a SD must provide services for a child even if there is no educational need? I dont understand that. Because from my interpretation of IDEA it says that even though a child has a diagnosed disability it doesnt mean that they are elegible for sped services. So when I request things like interactive metronome or speech during the summer (ESY) or recreational therapy or whatever they say "there is no educational need" not necessarily "no" and thats it. I try to get them to say "no" but they dont, they just say "we dont see any educational need based on our testing" or something similar. They know how to word the words to not get caught I guess. So if its true that there DOES NOT need to be educational need then how do I convince them of that?

Re: IEE failed

Loree,Are you down neaqr Houston? I think that is where you told me you were.How old is your son again?I noticed that Adina gave input here. She is an awesome diagnostician and advocate. I wish you could come up and let her evaluate your son. Her evaluations have been a great help to us in the advocacy of our son.I agree with her. I also agree with EVERYTHING Hilda said, and I was going to say a lot of that here, but she gave you the info. ANY time they disagree to anything you feel your child needs, THEY MUST decline it in writing and give a detailed written response as to why it isn't needed.In a good evaluation -- such as the kind Adina would do, you would know where your child is with regard to functional skills, social skills, adaptability, speech, and academics. They cannot say he doesn't need it if it hasn't been tested.This sounds like a district that is in dire need of an attitude adjustment. If you feel your child's civil rights are being denied, you can file a complaint with the OCR and they will investigate (at no cost to you). You can complain to the TEA, but KNOW that whatever complaint you file with them must be presented to the district. You MUST try to resolve the complaint at the local level first so that it looks like YOU tried.Many districts keep their local complaint process a secret unless you ask. Cheek the school handbook and there should be a section in there on the local complaint process. Follow that to the letter. Then if you can't resolve it there, you file with TEA and send an EXACT copy of the complaint to the district (Superintendent and school board members). then TEA will investigate.It is very important that you save EVERYTHING. Have your notebooks in chronological order and have them include all your child's school work. It maybe that his grades/progress looks good on paper but if you were to look closer, you might find they are not doing their jobs.If you could ever go to a 's Law conference, it would be some of the best money you ever spent, but if you can's then get the book "From Emotions to Advocacy" and the Pete 's book "Special Education Law, and start studying. Do everything in the emotions book the way Pete says to do it. The strategies work.I find even if you become knowledgeable, there is always strength in numbers. I like having an advocate come along. Adina has come many times for us. I'd grab a few people off the street if I had to just to have some extra bodies in there on my child's side. My husband, though he is a very quiet person, knows he still has to "be there." It doesn't matter if they say a word, you just need your "gang."You MUST tape every meeting. The declaration Hilda mentioned is a great idea so that you can later use the recordings in DP if you have to.I used to tape, but then for my twentieth anniversary, my husband got me an ipad, and wow! This thing can record for hours, and then you can download it to your computer and then burn it onto a CD and place it in your educational notebook. It is by far the best gift he ever got me (He gave me a choice between jewelry and the ipad, and I soooo made the right choice!). We need to work together to turn this thing around for you. I think you are going to need a full evaluation at your own expense. Ask Adina who she might recommend in your area and how much it will cost you. MHMR might do it at a reduced rate -- or Easter Seals?Haven

[Guest guest]

Did you see the posted Federal Register quote?• The definition of supplementaryaids and services in § 300.42 (proposed§ 300.41) has been modified to specifythat aids, services, and other supportsare also provided to enable children

with disabilities to participate inextracurricular and nonacademicsettings.Subpart B—State EligibilityFAPE Requirements• Section 300.101© has been revised

to clarify that a free appropriate publiceducation (FAPE) must be available toany individual child with a disabilitywho needs special education andrelated services, even though the childhas not failed or been retained in a

course, and is advancing from grade tograde.• Section 300.102(a)(3), regardingexceptions to FAPE, has been changed*******First, after viewing the video, I certainly do see Asperger's.  He is better verbally than my son.  Did he ever lose speech?  IMO the difference between regressive autism and Asperger's is that while Asperger's children may begin to talk later, they never have speech then lose it, as my son did.  My son is now fairly high functioning, but his emotional skills, speech skills -- well just about everything is about five years delayed.

Now in the definition of FAPE where your son is concerned, the very fact that he has been diagnosed with a disability entitles him to every thing under the Autism supplement?  Did they not go over the Autism Supplement with you?

this is Dorene Philpot's website which can explain the Autism Supplement more as well as give you some court case law, I think.  We have used Dorene in the past.  She is VERY expensive.  The only ting I didn't like is that she was not up front with her cost in the beginning, and we were blown away by her costs, so I don't like attorneys who are not honest up front about what they charge. Anyway, her site does have some good info.

The Autism Supplement states in brief:AUTISM SUPPLEMENT – 11 POINTS THAT MUST BE DISCUSSED

Parents and educators must discuss each of the following 11 points before creating an Individualized Education Program for a student with autism in Texas:

Extended educational programming, including extended-day and extended-year servicesDaily schedules with minimal unstructured timeIn-home and community-based training that helps students acquire social and behavioral skills

Positive behavioral support strategiesPlanning for the life, work and education of children of all agesParent and family training and supportSuitable student-to-staff ratios for children during the various stages of learning

Communication interventionsSocial skill supportsProfessional educator and staff support and trainingTeaching strategies based on research-based practices, including discrete-trial training and applied behavior analysis

Also, based on section 300.101© as I quoted above, even though he is doing okay academically (which I think is the reason they are denying support services, they cannot deny him the things he needs in order to prepare him for: post-secondary education, employment, and independent living.

If  you can show the things you want him to have are VITAL to preparing him for these things, then you can convince them.If they did not go over the autism supplement with you before they started making all these decisions stating he doesn't need services -- I mean, he has been officially diagnosed?  Hasn't he?  what was his official diagnosis? Is it Asperger's or autism?

I am saying they still have to provide services even if they find there is no ACADEMIC NEED, and evidently they are trying to deny support services based on there being no academic need, which is happening a lot right now.  Even kids with ASD disorders who do well academically STILL have other educational needs such as social skills training speech, OT, behavioral etc... These needs must be met, too.  You cannot deny services becasue a child is " passing " ; you cannot deny services on the basis of grades alone becasue in the eyes of courts, grades are viewed as very arbitrary and not reliable.

But if you could swing an independent evaluation - complete across all areas, then you may have some ammo to battle with.  The type of complete evaluations done by Adina Rich (Rich Educational Consulting) are very thorough and Adina is clear about what supports and services a child needs, and she even writes some IEP's that are helpful.  She is on this list and has replied to one of your posts.  If you could find someone like her to do an independent evaluation, it could help you.

Can you give me some specifics as to what has gone on at school -- I'm thinking some behavior or social problems that the school is not giving the proper support for?Haven

[Guest guest]

ok. so all the school testing shows he doesnt NEED any support services as they dont see any issues socially, functionally or other basically saying he is doing everything like a "normal" kid. which is where they say there is no academic need. he is doingmacceptable inall areas academically. so when i ask for art or music therapy or speech during esy even when i bring up how they willmhelp him with attention and focus they say there is no academic need and when i brin up how it will help prepare him for future they dont agree. even the iee stated there was no academic need due to his autism. he has a medical diagnosis for aspergers and adhd. they did not go over the autism supplement cause they took away his autism category. he is ohi and si now. Sent from my iPhone

Did you see the posted Federal Register quote?• The definition of supplementaryaids and services in § 300.42 (proposed§ 300.41) has been modified to specifythat aids, services, and other supportsare also provided to enable children

with disabilities to participate inextracurricular and nonacademicsettings.Subpart B—State EligibilityFAPE Requirements• Section 300.101© has been revised

to clarify that a free appropriate publiceducation (FAPE) must be available toany individual child with a disabilitywho needs special education andrelated services, even though the childhas not failed or been retained in a

course, and is advancing from grade tograde.• Section 300.102(a)(3), regardingexceptions to FAPE, has been changed*******First, after viewing the video, I certainly do see Asperger's. He is better verbally than my son. Did he ever lose speech? IMO the difference between regressive autism and Asperger's is that while Asperger's children may begin to talk later, they never have speech then lose it, as my son did. My son is now fairly high functioning, but his emotional skills, speech skills -- well just about everything is about five years delayed.

Now in the definition of FAPE where your son is concerned, the very fact that he has been diagnosed with a disability entitles him to every thing under the Autism supplement? Did they not go over the Autism Supplement with you?

this is Dorene Philpot's website which can explain the Autism Supplement more as well as give you some court case law, I think. We have used Dorene in the past. She is VERY expensive. The only ting I didn't like is that she was not up front with her cost in the beginning, and we were blown away by her costs, so I don't like attorneys who are not honest up front about what they charge. Anyway, her site does have some good info.

The Autism Supplement states in brief:AUTISM SUPPLEMENT – 11 POINTS THAT MUST BE DISCUSSED

Parents and educators must discuss each of the following 11 points before creating an Individualized Education Program for a student with autism in Texas:

Extended educational programming, including extended-day and extended-year servicesDaily schedules with minimal unstructured timeIn-home and community-based training that helps students acquire social and behavioral skills

Positive behavioral support strategiesPlanning for the life, work and education of children of all agesParent and family training and supportSuitable student-to-staff ratios for children during the various stages of learning

Communication interventionsSocial skill supportsProfessional educator and staff support and trainingTeaching strategies based on research-based practices, including discrete-trial training and applied behavior analysis

Also, based on section 300.101© as I quoted above, even though he is doing okay academically (which I think is the reason they are denying support services, they cannot deny him the things he needs in order to prepare him for: post-secondary education, employment, and independent living.

If you can show the things you want him to have are VITAL to preparing him for these things, then you can convince them.If they did not go over the autism supplement with you before they started making all these decisions stating he doesn't need services -- I mean, he has been officially diagnosed? Hasn't he? what was his official diagnosis? Is it Asperger's or autism?

I am saying they still have to provide services even if they find there is no ACADEMIC NEED, and evidently they are trying to deny support services based on there being no academic need, which is happening a lot right now. Even kids with ASD disorders who do well academically STILL have other educational needs such as social skills training speech, OT, behavioral etc... These needs must be met, too. You cannot deny services becasue a child is "passing"; you cannot deny services on the basis of grades alone becasue in the eyes of courts, grades are viewed as very arbitrary and not reliable.

But if you could swing an independent evaluation - complete across all areas, then you may have some ammo to battle with. The type of complete evaluations done by Adina Rich (Rich Educational Consulting) are very thorough and Adina is clear about what supports and services a child needs, and she even writes some IEP's that are helpful. She is on this list and has replied to one of your posts. If you could find someone like her to do an independent evaluation, it could help you.

Can you give me some specifics as to what has gone on at school -- I'm thinking some behavior or social problems that the school is not giving the proper support for?Haven

[Guest guest]

Loree: Saying " There is no educational need " is the same thing as " no. " You are requesting it, they are saying " there is no educational need. " Now they need to put it into a Prior Written Notice for you. It's the paperwork trail. It's not so much about " convincing " them. You need to start building a paperwork trail if you are going to build a complaint, or go to mediation or to due process. If they know you will never file mediation or due process because " you cannot afford it " you've already shown your poker hand. If you start building a paper trail, it kind of makes them worried that you will file higher-level complaints, or ask for mediation, or ask for due process. Also I want to put my 2 cents in about local-level complaints. You have usually about 10 days to utilize that formal complaint process (from the time you knew there was a problem). If it's been more than 10 days, you'll likely not be able to start your complaint process on a local level. Also, to file anything with OCR, ADA, TEA, etc, you need your paper trail. You need to start establishing that. Go spend some hours (yes even days) on slaw.com And again, if they've said no, and you've signed " agree " in the ARD, you need to have another ARD where you go in and request these things and sign " disagree. " Once you've signed " agree " you don't have a case. Hilda From: Texas-Autism-Advocacy [mailto:Texas-Autism-Advocacy ] On Behalf Of LorreeSent: Sunday, June 26, 2011 10:53 AMTo: Texas-Autism-Advocacy Subject: Re: IEE failed Yes I am here in houston, but not HISD. I am in a different district. so are you saying by that federal register that a SD must provide services for a child even if there is no educational need? I dont understand that. Because from my interpretation of IDEA it says that even though a child has a diagnosed disability it doesnt mean that they are elegible for sped services. So when I request things like interactive metronome or speech during the summer (ESY) or recreational therapy or whatever they say " there is no educational need " not necessarily " no " and thats it. I try to get them to say " no " but they dont, they just say " we dont see any educational need based on our testing " or something similar. They know how to word the words to not get caught I guess. So if its true that there DOES NOT need to be educational need then how do I convince them of that? Re: IEE failed Loree,Are you down neaqr Houston? I think that is where you told me you were.How old is your son again?I noticed that Adina gave input here. She is an awesome diagnostician and advocate. I wish you could come up and let her evaluate your son. Her evaluations have been a great help to us in the advocacy of our son.I agree with her. I also agree with EVERYTHING Hilda said, and I was going to say a lot of that here, but she gave you the info. ANY time they disagree to anything you feel your child needs, THEY MUST decline it in writing and give a detailed written response as to why it isn't needed.In a good evaluation -- such as the kind Adina would do, you would know where your child is with regard to functional skills, social skills, adaptability, speech, and academics. They cannot say he doesn't need it if it hasn't been tested.This sounds like a district that is in dire need of an attitude adjustment. If you feel your child's civil rights are being denied, you can file a complaint with the OCR and they will investigate (at no cost to you). You can complain to the TEA, but KNOW that whatever complaint you file with them must be presented to the district. You MUST try to resolve the complaint at the local level first so that it looks like YOU tried.Many districts keep their local complaint process a secret unless you ask. Cheek the school handbook and there should be a section in there on the local complaint process. Follow that to the letter. Then if you can't resolve it there, you file with TEA and send an EXACT copy of the complaint to the district (Superintendent and school board members). then TEA will investigate.It is very important that you save EVERYTHING. Have your notebooks in chronological order and have them include all your child's school work. It maybe that his grades/progress looks good on paper but if you were to look closer, you might find they are not doing their jobs.If you could ever go to a 's Law conference, it would be some of the best money you ever spent, but if you can's then get the book " From Emotions to Advocacy " and the Pete 's book " Special Education Law, and start studying. Do everything in the emotions book the way Pete says to do it. The strategies work.I find even if you become knowledgeable, there is always strength in numbers. I like having an advocate come along. Adina has come many times for us. I'd grab a few people off the street if I had to just to have some extra bodies in there on my child's side. My husband, though he is a very quiet person, knows he still has to " be there. " It doesn't matter if they say a word, you just need your " gang. " You MUST tape every meeting. The declaration Hilda mentioned is a great idea so that you can later use the recordings in DP if you have to.I used to tape, but then for my twentieth anniversary, my husband got me an ipad, and wow! This thing can record for hours, and then you can download it to your computer and then burn it onto a CD and place it in your educational notebook. It is by far the best gift he ever got me (He gave me a choice between jewelry and the ipad, and I soooo made the right choice!). We need to work together to turn this thing around for you. I think you are going to need a full evaluation at your own expense. Ask Adina who she might recommend in your area and how much it will cost you. MHMR might do it at a reduced rate -- or Easter Seals?Haven