Daycare.com Forum Daycare Forum

Go Back   Daycare.com Forum > Main Category > Daycare Center and Family Home Forum

Daycare Center and Family Home Forum Daycare Center and Family Home owners, Directors, Operators and Assistants should post and ask questions here.

Reply
 
Thread Tools Display Modes
  #1  
Old 02-10-2014, 11:15 AM
mountainside13's Avatar
mountainside13 mountainside13 is offline
Daycare.com Member
 
Join Date: Jan 2014
Location: Central Iowa
Posts: 868
Default Disability Act Laws?!

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!
Reply With Quote
  #2  
Old 02-10-2014, 11:26 AM
Annalee's Avatar
Annalee Annalee is offline
Daycare.com Member
 
Join Date: Jul 2012
Posts: 5,758
Default

Quote:
Originally Posted by mountainside13 View Post
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.
Reply With Quote
  #3  
Old 02-10-2014, 11:28 AM
LadyPearl's Avatar
LadyPearl LadyPearl is offline
Daycare.com Member
 
Join Date: Jan 2014
Posts: 145
Default

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!)
Reply With Quote
  #4  
Old 02-10-2014, 11:29 AM
SilverSabre25's Avatar
SilverSabre25 SilverSabre25 is offline
Senior Member
 
Join Date: Aug 2010
Location: Where I am legally unlicensed ;), USA
Posts: 7,625
Default

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.
__________________
Hee hee! Look, I have a signature!
Reply With Quote
  #5  
Old 02-10-2014, 11:48 AM
mountainside13's Avatar
mountainside13 mountainside13 is offline
Daycare.com Member
 
Join Date: Jan 2014
Location: Central Iowa
Posts: 868
Default

Quote:
Originally Posted by Annalee View Post
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.

Quote:
Originally Posted by LadyPearl View Post
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.
Reply With Quote
  #6  
Old 02-10-2014, 11:52 AM
mountainside13's Avatar
mountainside13 mountainside13 is offline
Daycare.com Member
 
Join Date: Jan 2014
Location: Central Iowa
Posts: 868
Default

Quote:
Originally Posted by SilverSabre25 View Post
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
Reply With Quote
  #7  
Old 02-10-2014, 11:55 AM
Blackcat31's Avatar
Blackcat31 Blackcat31 is offline
 
Join Date: Oct 2010
Posts: 19,760
Default

Quote:
Originally Posted by mountainside13 View Post

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:

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/
Reply With Quote
  #8  
Old 02-10-2014, 11:59 AM
NeedaVaca's Avatar
NeedaVaca NeedaVaca is offline
Daycare.com Member
 
Join Date: Mar 2012
Location: The Middle
Posts: 2,248
Default

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
Reply With Quote
  #9  
Old 02-10-2014, 01:03 PM
e.j.'s Avatar
e.j. e.j. is offline
Daycare.com Member
 
Join Date: Dec 2010
Posts: 3,681
Default

Quote:
Originally Posted by mountainside13 View Post
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.

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/
Reply With Quote
  #10  
Old 02-10-2014, 01:13 PM
SilverSabre25's Avatar
SilverSabre25 SilverSabre25 is offline
Senior Member
 
Join Date: Aug 2010
Location: Where I am legally unlicensed ;), USA
Posts: 7,625
Default

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.
__________________
Hee hee! Look, I have a signature!
Reply With Quote
  #11  
Old 02-10-2014, 01:14 PM
mountainside13's Avatar
mountainside13 mountainside13 is offline
Daycare.com Member
 
Join Date: Jan 2014
Location: Central Iowa
Posts: 868
Default

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!!
Reply With Quote
  #12  
Old 02-10-2014, 02:51 PM
e.j.'s Avatar
e.j. e.j. is offline
Daycare.com Member
 
Join Date: Dec 2010
Posts: 3,681
Default

Quote:
Originally Posted by NeedaVaca View Post
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.
Reply With Quote
Reply

Tags
autism, autism spectrum disorder, iep, individualized educational program, providers own child, public schools

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Day Care and Disability Neekie Daycare Center and Family Home Forum 8 01-13-2014 05:54 AM
Laws Unregistered Parents and Guardians Forum 3 09-12-2012 08:55 AM
Disability insurance? jfoglia Daycare Insurance 4 01-31-2011 04:07 AM
GA Law's on Contacting Parents When Children are Sick jessijones09 Parents and Guardians Forum 9 03-24-2010 10:15 AM
Our township is reluctant to enforce the daycare laws Unregistered Parents and Guardians Forum 5 10-13-2009 09:24 AM


All times are GMT -7. The time now is 04:39 AM.



Daycare.com         Find A Daycare         List Your Daycare         Toys & Products                 About Us

Daycare.com
Please read our Disclaimer before continuing.

Topics pertain mainly to the following States:

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming