Federal Register

[Guest guest]

This is on page 46541 of the FR volume 71, no.156. It seems services are being

denied to kids based on the fact that they may be doing okay academically, but

" autism " still covers them under IDEA, and they still need supports and services

to enable them to access a FAPE. This may help (I hope). You cannot deny

services just becasue they say the kid is " doing great. " I am inclined to

believe that if parents really look, the progress many of these kids are showing

on progress reports and report cards may not be accurate, but schools are using

these to deny services.

The FR states:

Subpart B—State Eligibility

FAPE Requirements

• Section 300.101© has been revised

to clarify that a free appropriate public

education (FAPE) must be available to

any individual child with a disability

who needs special education and

related services, even though the child

has not failed or been retained in a

course, and is advancing from grade to

grade.

• Section 300.102(a)(3), regarding

So even if a child appears to be doing well academically, by the very fact they

have been diagnosed with a disability means they need supports and services.

the schools denying that autism falls under this are out of their minds. Autism

falls sunder the IDEA. In addition, providing a FAPE is more than reading,

writing, and math. The IDEA also states that functional skills should be

addressed, so those kids getting blown off due to good academics may need help

with social skills and the schools should provide these goals and not ignore

functional areas. If they do, they are denying FAPE.

It is not just what your child needs to learn academically but also what they

need to address in functional skills, as well. Children must learn social

skills in order to become independent adults who can work and live in society.

this is an area that has been largely ignored by districts. Letting them just

" be " on the playground is not enough. There should be social IEP's written and

taught.

But the main point is that you cannot deny special ed services just becasue the

issues are not academic.