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Daycare Center and Family Home Forum>Disability Act Laws?!
mountainside13 10:15 AM 02-10-2014
My daughter is autistic (recently diagnosed) and we were talking to her school about getting her in IEP so she can get the best education. There is a new special needs teacher that leads her school and 2 others. Well it took her 3 weeks to call me back and get me answers. She called me last night at 9:30pm saying that our daughter doesn't qualify for IEP because her special needs are enough to require services?! Then this morning she had her 1st therapy appointment and her therapist told me that they can't do that per the disability act and I should look into it. Does anyone know if what they did is wrong? Do I call the school and have them reevaluate? I am super confused!
Annalee 10:26 AM 02-10-2014
Originally Posted by mountainside13:
My daughter is autistic (recently diagnosed) and we were talking to her school about getting her in IEP so she can get the best education. There is a new special needs teacher that leads her school and 2 others. Well it took her 3 weeks to call me back and get me answers. She called me last night at 9:30pm saying that our daughter doesn't qualify for IEP because her special needs are enough to require services?! Then this morning she had her 1st therapy appointment and her therapist told me that they can't do that per the disability act and I should look into it. Does anyone know if what they did is wrong? Do I call the school and have them reevaluate? I am super confused!
Technically, a school system is required to do what it will take to meet all learning styles and disabilities. BUT, get your backbone in gear! I have two special needs nephews, one ready to graduate in May and the other in 4th grade...it has been a struggle for their parents every step of the way!!!!! I have taken special education classes and observed in many classrooms so I suggested the younger son use an ipad from the beginning. Finally, in 4th grade the IEP group decides "hey, let's try an ipad with this child"....duh!!!!!??? Then, when the oldest was bedfast a few years ago unable to walk/talk/respond at all, the school system sent someone here 2 days a week because by law he had to have school, but when he gets better and returns to school, it is like pulling teeth to get him an aide for the day....very frustrating!!!!!!! While it is NOT my children, I have seen the heartbreak on the faces of my brother and sister in law many times. My daughter is autistic (recently diagnosed) and we were talking to her school about getting her in IEP so she can get the best education. There is a new special needs teacher that leads her school and 2 others. Well it took her 3 weeks to call me back and get me answers. She called me last night at 9:30pm saying that our daughter doesn't qualify for IEP because her special needs are enough to require services?! Then this morning she had her 1st therapy appointment and her therapist told me that they can't do that per the disability act and I should look into it. Does anyone know if what they did is wrong? Do I call the school and have them reevaluate? I am super confused!
LadyPearl 10:28 AM 02-10-2014
I have a son on the spectrum and another that may be diagnosed as well. Has your daughter been evaluated for special education? In my area (northern Vermont), there needs to be "adverse effect" which means that her disability needs to impact her ability to learn. My oldest son (age 7, 2nd grade) is in the process of his special education reevaluation which is done every 3 years. If we disagree with the school's findings, it is our right to ask for an outside evaluation to be done. (My mother-in-law works in the special education dept at a local high school so she keeps us up to date with our rights!)
SilverSabre25 10:29 AM 02-10-2014
YES the school is in the wrong. They have to give you an IEP and everything that entails. It pertains to the part of the law about every child having the right to a free and appropriate education in the least restrictive environment.
You will have to fight for the IEP but your daughter has EVERY right to one. They HAVE to comply.
You will have to fight for the IEP but your daughter has EVERY right to one. They HAVE to comply.
mountainside13 10:48 AM 02-10-2014
Originally Posted by Annalee:
Technically, a school system is required to do what it will take to meet all learning styles and disabilities. BUT, get your backbone in gear! I have two special needs nephews, one ready to graduate in May and the other in 4th grade...it has been a struggle for their parents every step of the way!!!!! I have taken special education classes and observed in many classrooms so I suggested the younger son use an ipad from the beginning. Finally, in 4th grade the IEP group decides "hey, let's try an ipad with this child"....duh!!!!!??? Then, when the oldest was bedfast a few years ago unable to walk/talk/respond at all, the school system sent someone here 2 days a week because by law he had to have school, but when he gets better and returns to school, it is like pulling teeth to get him an aide for the day....very frustrating!!!!!!! While it is NOT my children, I have seen the heartbreak on the faces of my brother and sister in law many times.
My backbone is ready to go! But I want to have all the information I need up front before I bring this to their attention. From what the therapist is saying, they were in the wrong but I would like concrete information before I do anything. Technically, a school system is required to do what it will take to meet all learning styles and disabilities. BUT, get your backbone in gear! I have two special needs nephews, one ready to graduate in May and the other in 4th grade...it has been a struggle for their parents every step of the way!!!!! I have taken special education classes and observed in many classrooms so I suggested the younger son use an ipad from the beginning. Finally, in 4th grade the IEP group decides "hey, let's try an ipad with this child"....duh!!!!!??? Then, when the oldest was bedfast a few years ago unable to walk/talk/respond at all, the school system sent someone here 2 days a week because by law he had to have school, but when he gets better and returns to school, it is like pulling teeth to get him an aide for the day....very frustrating!!!!!!! While it is NOT my children, I have seen the heartbreak on the faces of my brother and sister in law many times.
Originally Posted by LadyPearl:
I have a son on the spectrum and another that may be diagnosed as well. Has your daughter been evaluated for special education? In my area (northern Vermont), there needs to be "adverse effect" which means that her disability needs to impact her ability to learn. My oldest son (age 7, 2nd grade) is in the process of his special education reevaluation which is done every 3 years. If we disagree with the school's findings, it is our right to ask for an outside evaluation to be done. (My mother-in-law works in the special education dept at a local high school so she keeps us up to date with our rights!)
I don't know much about the special needs education, laws exc since we are just at the beginning of the diagnosis. The research I have done, adverse effect hasn't come up. At least not yet.I have a son on the spectrum and another that may be diagnosed as well. Has your daughter been evaluated for special education? In my area (northern Vermont), there needs to be "adverse effect" which means that her disability needs to impact her ability to learn. My oldest son (age 7, 2nd grade) is in the process of his special education reevaluation which is done every 3 years. If we disagree with the school's findings, it is our right to ask for an outside evaluation to be done. (My mother-in-law works in the special education dept at a local high school so she keeps us up to date with our rights!)
mountainside13 10:52 AM 02-10-2014
Originally Posted by SilverSabre25:
YES the school is in the wrong. They have to give you an IEP and everything that entails. It pertains to the part of the law about every child having the right to a free and appropriate education in the least restrictive environment.
You will have to fight for the IEP but your daughter has EVERY right to one. They HAVE to comply.
Thank you!!! So if a child is diagnosed with a mental unless that is under the disability act they have to provide services? It's not based on the severity of the mental illness? Just want to be 100% sure YES the school is in the wrong. They have to give you an IEP and everything that entails. It pertains to the part of the law about every child having the right to a free and appropriate education in the least restrictive environment.
You will have to fight for the IEP but your daughter has EVERY right to one. They HAVE to comply.
Blackcat31 10:55 AM 02-10-2014
Originally Posted by mountainside13:
I don't know much about the special needs education, laws exc since we are just at the beginning of the diagnosis. The research I have done, adverse effect hasn't come up. At least not yet.
These resources are specific to your state:I don't know much about the special needs education, laws exc since we are just at the beginning of the diagnosis. The research I have done, adverse effect hasn't come up. At least not yet.
This one is based n Iowa http://www.aea1.k12.ia.us/en/special...rvices/autism/
https://www.educateiowa.gov/pk-12/sp...-programs-ieps
http://support.autism-society.org/si...d=1164&pg=main
More resources about autism and IEP's in general:
http://www.autism-society.org/living...tion-plan.html
http://www.autismspeaks.org/what-aut...-childs-rights
http://www.autism-pdd.net/inclusion-...n-program-iep/
http://www.autismkey.com/autism-and-...edge-is-power/
NeedaVaca 10:59 AM 02-10-2014
I also have a special needs DS. It's going to take a lot of work on your part to learn the laws, look up places in your state that can help. I was doing great until this year and hit a bump...had to get an advocate to help me at the case conference but in the end (with her help) we got what we wanted Don't be afraid to ask for help!! Fight for what your DD needs
Don't be afraid to ask for help!! Fight for what your DD needs
e.j. 12:03 PM 02-10-2014
Originally Posted by mountainside13:
My daughter is autistic (recently diagnosed) and we were talking to her school about getting her in IEP so she can get the best education. There is a new special needs teacher that leads her school and 2 others. Well it took her 3 weeks to call me back and get me answers. She called me last night at 9:30pm saying that our daughter doesn't qualify for IEP because her special needs are enough to require services?! Then this morning she had her 1st therapy appointment and her therapist told me that they can't do that per the disability act and I should look into it. Does anyone know if what they did is wrong? Do I call the school and have them reevaluate? I am super confused!
First of all, rather than calling the school about an IEP, I would suggest you put everything in writing and date it. When you do that, you basically start the time clock ticking. When you request an evaluation through the school, they have so many days (45, I think?) to schedule one -whether they think your dd needs one or not. My daughter is autistic (recently diagnosed) and we were talking to her school about getting her in IEP so she can get the best education. There is a new special needs teacher that leads her school and 2 others. Well it took her 3 weeks to call me back and get me answers. She called me last night at 9:30pm saying that our daughter doesn't qualify for IEP because her special needs are enough to require services?! Then this morning she had her 1st therapy appointment and her therapist told me that they can't do that per the disability act and I should look into it. Does anyone know if what they did is wrong? Do I call the school and have them reevaluate? I am super confused!
I'm not sure if things have changed or what your state laws are but in mine, we had to request that a core evaluation be done by the school in order to have my kids get an iep. The fact that a child had a diagnosis didn't automatically mean they got an iep. The child got a 504 or an iep if they weren't making "effective progress". The school had to take a dr's evaluation/diagnosis into consideration but they didn't have to agree with it.
I have a baby who just woke up from nap so I have to go but you may want to look at the Wright's Law website. Another one I found helpful was SpedWatch.
http://www.spedwatch.org/files/Effective_Progress.pdf
http://www.wrightslaw.com/
SilverSabre25 12:13 PM 02-10-2014
I would also look for any autism support groups/facebook groups etc, for your area. They should have the information needed to help get that ball rolling.
Frankly, if I remember correctly every. single. child has the right to an IEP if the parents feel it is necessary, regardless of diagnosis or academic performance.
Frankly, if I remember correctly every. single. child has the right to an IEP if the parents feel it is necessary, regardless of diagnosis or academic performance.
mountainside13 12:14 PM 02-10-2014
Thank you all for your help! I called around and got in touch with a great company offering resource services! She walked me through on writing a letter to the school requesting IEP services. They have 60 days to do the evaluation and come to a decision. I will take it in tomorrow and drop it off with the principle. We had a situation a few months ago and she was pretty suprised that they school didn't request an evaluation after the episode. Hopefully this will get us on the right path! I have been reading and researching all nap time and still have a lot more to do!!
e.j. 01:51 PM 02-10-2014
Originally Posted by NeedaVaca:
I also have a special needs DS. It's going to take a lot of work on your part to learn the laws, look up places in your state that can help. I was doing great until this year and hit a bump...had to get an advocate to help me at the case conference but in the end (with her help) we got what we wanted Don't be afraid to ask for help!! Fight for what your DD needs
I also have a special needs DS. It's going to take a lot of work on your part to learn the laws, look up places in your state that can help. I was doing great until this year and hit a bump...had to get an advocate to help me at the case conference but in the end (with her help) we got what we wanted
Don't be afraid to ask for help!! Fight for what your DD needs 
Now that my dc kids are gone for the day....just wanted to add that I started out trying to deal with the school on my own. I got nowhere with them despite the fact that my child had an autism diagnosis and full report from a neuropsychologist that outlined the accommodations he would need. It took bringing in an advocate to each and every meeting to get even some of the things he needed. Same happened with my dd. It wasn't cheap but the money I spent on an advocate was worth every cent. If it's an option for you, you may want to think about hiring one, especially if the school is giving you a hard time.