Should we file due process...help...

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Well, I have posted before about our many meetings with the school and how they were dragging their feet about doing anything. At the end of the third grade year, at the last meeting, the pupil appraiser and spec. ed evaluator agreed that once we got the diagnosis over the summer, we would meet again at the beginning of 4th grade and an evaluation would be started, and an interim IEP put into place. This followed several months of discussion about his behaviors in school in 3rd grade.
He was always very anxious¸fidgety, developed severe tics during the LEAP testing period, had trouble following complex directions, atrocious handwriting, and grades were slipping. He also experienced serious bullying and was even spit on one time. The bullying was nipped in the bud as soon as we found out about it. The pupil appraiser observed our son in the classroom and said all the behaviors observed indicated that he did need help. He acted inappropriately in a group, constant stimming and fidgeting, and tics. Both us and his teacher completed a social responsiveness scale questionnaire and the results on both were in the severe range.

Over the summer, we did get a diagnosis of Asperger’s and mild Tourette’s. The neurologist did not recommend medication for the tics, as they are better, and milder now that the testing is over. He does still have some, but they are not as noticeable, eye-twitching for example, and they don’t bother him at all.

He has been going to OT twice a week since April, working on social skills, hand writing and sensory issues; he only eats about 5 different foods.

So, we came back to school in August, and the earliest the school and spec. ed dept could schedule a meeting was the middle of September. We walked in to find the spec. ed. Department had been rearranged over the summer and we had a new team of pupil appraiser and spec. ed evaluator. His teachers said he was doing great and they did not see any autistic behaviors whatsoever. His grades for the first four weeks were all A’s.

We were told that we would meet again in one month and that the teachers would record timed date and note anything of concern. So, we met yesterday and based on all the results (given to us at that time)and glowing reports from his teachers, they have closed our request for an evaluation and IEP. They have recommended no further action and said an evaluation is not warranted.

The thing is that now the work is no longer revision and is new, he is struggling. His math grade is a C due to timed multiplication tests. He is a math whiz and knows all his facts; he is not completing 25-30 out of 100 problems on these timed quizzes.

His writing grade is currently an F, but they said this will improve over time, and not to worry. The other grades are C’s and B’s. He is doing wonderfully in his room with each main teacher though. They are truly wonderful and work so well with him. They provide him with extra instructions as necessary, and help him to write down his homework.

At home however, he is worsening considerably. Meltdowns over homework have increased tremendously and I often have to completely reword his spelling homework so that he can do it. I change it from something that he has to decipher and can’t, to just give me the spelling word. We have seen an increase in the tics, as has his OT, who has also noted he is more anxious again.

So, sorry to be so long-winded, but we are at the point now where we have to make a decision as to whether to file due process. We have a child advocate working with us and she has recommended that we do.

The school has not done any kind of evaluation from an OT, or a specialist of any kind. The decision to not do anything further has been made on the basis of reports of his homeroom and main teachers.

I have noted that his enrichment teacher’s notes indicate anxiety, tics, facial grimaces, shoulder shrugs, no eye contact, delayed verbal response and difficulty sustaining attention to task. I only received copies of these forms today and they were not mentioned in the meeting yesterday. At that meeting only the reports from his three main teachers who see him most of the day, every day were discussed. The enrichment teachers only see him once or twice a week, for 30 minutes at a time.
Is it unreasonable to want the school to do an evaluation? An evaluation so that they will accept that he has AS. If they do this, it may be that he doesn’t need services for academic things right now, but he should certainly be receiving OT for the fine motor skill issues that he has and speech for the pragmatics part of things.

An F in writing is not alright…that is not academically OK. And considering that his IQ is in the superior range, and he is a little math whiz, a C is not alright in that subject.

Has anyone else filed due process? The school should at least do an evaluation, shouldn’t they, and let a professional tell us whether or not our son needs assistance with anything at school.

Thanks for reading and for any advice or suggestions. I am so tired from the constant stress of this. I hear about other states where kids get so much support from the school, and wonder why it has to be so hard here. It just sucks. I am not going to give up though. This is my son…

Thanks again…Laura – Mom to Remy – 9 year old recently diagnosed with AS, Expressive Language Disorder, ADHD and mild Tourette’s.

I have, thank G-d, never had to go to due process. I am a bit confused about the situation concerning the evaluation. It is unclear who did the evaluation that resulted in your son's diagnoses. Was it done privately? Were no evaluations of any kind done by the school?

Were the discussions about evaluations (and assurances that they would take place) all done in conversations? I.e., were there no written requests? In order for a request for an evaluation to be "binding," you need to sign a permission to evaluate. If you haven't done that, you won't be able to go to due process, because the school hasn't violated anything. You need to sign one immediately. Once you sign a permission to evaluate, the school does not have the right to say they don't think it's necessary - they have to evaluate. If you have signed a permission to evaluate, and the school hasn't done the evaluation within 60 days (not counting the summer), you have grounds to file a complaint.

Sorry for the confusion. We initially requested an evaluation in writing in February due to concerns that our sone had AS. The school district denied the evaluation at that time; their response was sent cia certified mail.

At every meeting we have requested an evaluation; it is documented, and at every meeting they have put it off with the "Let's gather more data" line. The evaluation over the summer was done privately. The school has not done any evaluations. All they have done is time sheet data observation forms from his teachers; and from these they have said there is no evidence that an evaluation is warranted.

Thanks for any help. Laura

Assuming you are in the USA, the school does not have the power to refuse to evaluate - your permission to evaluate is not a "request." You are telling them that they have your permission, and they are therefore obligated to evaluate. Teachers are not qualified to determine whether or not a student is in need of special education services; that is why educational psychologists do the testing. Similarly, when necessary, OT's test for fine motor issues, PT's for gross motor, SLP's for speech and language, etc. A teacher might be an expert at teaching, but that doesn't mean s/he is capable of judging whether there are issues with processing speed, working memory, executive functioning, etc., etc.

Data collection has nothing to do with evaluations. It's a delay tactic, and you, as a member of the team, must object. The new regulations of the IDEA are very clear that the school must provide a permission to evaluate to a parent wanting an evaluation, and once that form is signed, the school MUST do an evaluation within 60 days. It is not discretionary.

It's time to stop being nice and let them know ethier they do something NOW or else. Best of luck I know this whole thing can make you feel like your alone and drowning, but your not and your the law is on your side.

I never had to go through what you are going through so I can't say anything about the due process, other than to note that your advocate probably is quite familiar with how the system works where you live and if that is what the advocate advises, then that is what I would do.

I've heard the "doing fine acedemically" claim, though, and it can really be a stretch. Be aware that when a bright child is not capable of performing at perceived level of ability, that alone IS an acedemic issue, and the criteria DO account for that in some ways. A stressed out child earning C's may satisfy a school district but it shouldn't.

From your comments there are CLEARLY areas where an IEP would be warranted:

Many AS have trouble staying organized, and many have slow processing speed. If there is a writing co-morbid, that slows them down as well. My son's IEP gives him unlimited time on ALL tests as a result. He simply cannot MOVE fast enough to complete the test, and it is unfair to ask him to.



I am glad the teachers have adapted to him but, I'm sorry, I don't think you can assume the writing will improve over time and get along with not worrying. If the co-morbid is severe, as it is with my son and many other AS, the issue will grow and get much, much worse. By the time he hits middle school he will be expected to write out several pages in a sitting. He may learn to write legibly if he writes really really slowly, as my son has, but there is a huge cost to that in not being able to complete the work in any reasonable time frame AND not being able to hold the thought long enough to match the writing process. There is no doubt in anyone's mind at this point that my son MUST type. The school has given him an AlphaSmart for use in the classroom. That has its own downsides, and there are times he will choose to write instead, but the writing issue is quite real for my son and may be for yours, as well. My son has been diagnosed with a loose joints condition, and that makes writing literally physically painful for him, AND restricts the amount of sensory input from the fingers that flows to the brain. I would have liked to have known the specifics on it SOONER than I eventually did. I don't know if more could have been done, but that road is blocked to us and there isn't any use for me to look at it. But there could be for you and, so, get the school to pay attention. Playing catch up in middle school when the brick finally hits the fall is not the way to go.



I think this is important, as well. If school is causing him stress, they may win the battle but they will lose the war. As parents, we have to make sure that the war isn't lost. We want our kids interested in learning and comfortable with school. Every child CAN be both, and should be. When you don't have that, MOVE SCHOOLS. Or up the fight within the system. As you are.

Wow. Come move to my school district.

We have done IEPS on children who are getting average to above average grades. Socialization, anxiety and depression are very real in individuals with Aspergers. The problem is that some psychs and team members think that if the student is passing his or her classes, they don't qualify for special education. They look at the adverse effect of education and also the need for specially designed instruction. I velieve there is an adverse affect on education. If there is group work, the child is likely to have difficulty. Furthermore, a lot of education has to do with socialization, interaction, etc. That definitely can affect school work. Sometimes a 504 plan is sufficient.


It is ridiculous that the school is fighting on this, just to do an evaluation.

Get a parent advocate or go for due process. Tell the special ed director your intentions. Write a letter. Sometimes they freak out and do all they can to work it out. Gather as much data as you can. It is likely that this believe is just the school districts or perhaps the team at your school. If the special education director is knowledgeable perhaps this will be solved.

Go to Wrightslaw - the website. It is an extremely good resource regarding educational law cases.

Would your school be willing to do a 504 plan? He definitely would qualify for that. At least that would help somewhat. A lot of school districts wouldn't do an IEP but would do a 504. Some kids are very successful just with accommodations, as long as he can get what he needs with social skills. Again, it depends on the child. Some children really don't want to work on that.

Good luck

What state are you in?

Last edited by natesmom on 16 Oct 2009, 10:53 pm, edited 3 times in total.

Also, if you have requested an evaluation they really have to complete it. Some states have timelines from when a parent requests it (put it in writing) to when they have to complete it. Check on that

They wrote you a prior written notice denying the evaluation? Wow. They can do that as long as they give you their reasons. It is typically not advised. If your child is failing his classes, there is evidence that it isr effecting his education. Furthermore, anytime there is a suspected disability, the district HAS TO COMPLETE an evaluation. They are really walking a fine line.

Data - they are doing response to intervention model. A lot of states are doing this in order to qualify a child for special education services. You have to prove, for the report, that with interventions the child is not improving academically. This is usually to diagnosis a child as Learning Disability. When there is autism, ADHD, and other disabilities it's difficult to track the interventions because the work is usually inconsistent. Some districts do a behavior plan to track progress and use this to qualify. This is difficult as well. Most school district are really just getting used to that model. Unless this school district is one of the best in the country, chances are the data collection for behavior response to intervention is not good. If they are tracking this, ask for the data. Chances are they have enough documentation to move forward anyways. If they don't, why should your son suffer due to their lack of data collection.

My advice:
* Call the special education director and see what he/she has to say. Gather data
* Call the state and ask for a parent advocate. Also talk with them about due process. They are usually pretty helpful.
* IN the meantime, ask for a 504 plan. They should do that. If they don't, call civil rights. They will definitely get involved.