“Do I have any rights if our school district refuses to do an evaluation on my son with high functioning autism? And what should I do if the school determines that he is not eligible for special education?” Parents have a legal right to request that the public school evaluate their youngster for special education services. The Individuals with Disabilities Education Act (IDEA) gives them that right. Through local school districts, each State must “identify, locate, and evaluate every child who may have a disability requiring special education services.”
If you suspect that your son has a disability, you have a right to request a full, comprehensive, individual, multi-disciplinary evaluation. You will need to request an evaluation in writing. Be sure to send copies to the principal and the coordinator of special education. Also, retain copies of all correspondence relating to your son, and follow up with the school principal on the status of your request.
Some States will not consider your letter as sufficient permission to evaluate. As an alternative, the State may require you to sign a school district form before considering an evaluation. The date of your signature on the form is the date used to establish the evaluation time-frame.
Below is a sample letter requesting an evaluation:
__________
Date
Dear (name of coordinator of special education),
My son, John Doe, is having a very difficult time understanding the classroom material and completing homework. I’m requesting that he be evaluated for special education services. John is a 5th grader in Ms. Simpsons classroom at Delaware Elementary School.
I understand that the information collected during current interventions with John will be completed, and a meeting will be set up within the timeline as required by federal law. My signature on this letter gives my consent for John’s evaluation. I look forward to hearing from you soon. I’m available by phone on any weekday between 8:00 AM and 5:00 PM.
Sincerely,
Parent signature
Parent name, address, phone number
__________
If the school district refuses to do an evaluation on your son, or if they conclude he is not eligible for special education services under IDEA, you still have other rights. You may be entitled to an independent evaluation at the school district’s expense, or you have the option to pay for an evaluation by a professional of your choice.
As part of the dispute-resolution process, you have the right to request mediation, to file for a due process hearing, or to file a complaint. When using these processes, your case is likely to be more convincing if informal methods of conflict resolution are tried first.
IDEA requires school systems to have procedures in place to assist you in resolving disputes through mediation. Mediation allows you and the school district to talk to an impartial mediator who guides the discussion and helps the parties to agree on legally binding solutions to the conflict (costs of mediation are paid for by the state education agency).
The state complaint process requires you to file a letter with the state education agency outlining the violation of Part B of IDEA. A copy of the complaint should be provided to the school district at the time the complaint is filed with the state education agency if the violation occurred in the school district.
IDEA gives you the right to challenge a school district’s decision through a due process proceeding. You may request a form from the state education agency to file an “IDEA due process complaint,” which typically has 5 steps:
- There may be a meeting called a “resolution session,” which provides an opportunity to discuss and resolve the problems in question. You and the school district can agree to waive the resolution session and use the mediation process as an alternative.
- If a resolution is reached, the parties will sign a legally binding agreement. If not, an impartial due process hearing can be arranged.
- The hearing process gives you the right to be represented by an attorney (which you must pay for), subpoena witnesses, present evidence, and cross examine witnesses. The “hearing officer” will make a decision on the matter.
- If you dispute the decision of the hearing officer, you can go to court with a civil suit.
- Even if your son is not eligible for special education services under IDEA, he may be protected by other laws: The Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973.
A formal evaluation is one of the first steps in getting an High-Functioning Autistic youngster the school services he needs. The school must evaluate the youngster if it knows or suspects he has a disability, which covers many attention and learning problems. However, sometimes the school will refuse to do an evaluation. Use the steps listed above if that happens.
In summary:
- Ask the school why it refused to evaluate.
- Call a meeting with the school.
- Consider an independent educational evaluation.
- Contact a Parent Training and Information Center (PTI).
- File a due process complaint.
- Make sure your request was in writing.
- Request mediation.
- Talk to a lawyer or advocate.
- Consider filing a state complaint.
Resources for parents of children and teens on the autism spectrum:
==> How to Prevent Meltdowns and Tantrums in Children with Autism Spectrum Disorder
==> Parenting System that Reduces Defiant Behavior in Teens with Autism Spectrum Disorder
==> Launching Adult Children with Autism Spectrum Disorder: Guide for Parents Who Want to Promote Self-Reliance
==> Teaching Social-Skills and Emotion-Management to Children with Autism Spectrum Disorder
==> Parenting Children and Teens with High-Functioning Autism: Parents' Comprehensive Handbook
==> Unraveling the Mystery Behind High-Functioning Autism: Audio Book
==> Parenting System that Reduces Defiant Behavior in Teens with Autism Spectrum Disorder
==> Launching Adult Children with Autism Spectrum Disorder: Guide for Parents Who Want to Promote Self-Reliance
==> Teaching Social-Skills and Emotion-Management to Children with Autism Spectrum Disorder
==> Parenting Children and Teens with High-Functioning Autism: Parents' Comprehensive Handbook
==> Unraveling the Mystery Behind High-Functioning Autism: Audio Book
More articles for parents of children and teens on the autism spectrum:
Social rejection has devastating effects in many areas of functioning.
Because the ASD child tends to internalize how others treat him,
rejection damages self-esteem and often causes anxiety and depression.
As the child feels worse about himself and becomes more anxious and
depressed – he performs worse, socially and intellectually.
Click here to read the full article…
Click here to read the full article…
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Meltdowns are not a pretty sight. They are somewhat like overblown
temper tantrums, but unlike tantrums, meltdowns can last anywhere from
ten minutes to over an hour. When it starts, the Asperger's or HFA child
is totally out-of-control. When it ends, both you and your child are
totally exhausted. But... don’t breathe a sigh of relief yet. At the
least provocation, for the remainder of that day -- and sometimes into
the next - the meltdown can return in full force.
Click here for the full article...
Click here for the full article...
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Although Aspergers [high-functioning autism] is at the milder end of the
autism spectrum, the challenges parents face when disciplining a
teenager on the spectrum are more difficult than they would be with an
average teen. Complicated by defiant behavior, the teen is at risk for
even greater difficulties on multiple levels – unless the parents’
disciplinary techniques are tailored to their child's special needs.
Click here to read the full article…
Click here to read the full article…
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Your older teenager or young “adult child” isn’t sure what to do, and
he is asking you for money every few days. How do you cut the purse
strings and teach him to be independent? Parents of teens with ASD face
many problems that other parents do not. Time is running out for
teaching their adolescent how to become an independent adult. As one
mother put it, "There's so little time, yet so much left to do."
Click here to read the full article…
Click here to read the full article…
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Two traits often found in kids with High-Functioning Autism are
“mind-blindness” (i.e., the inability to predict the beliefs and
intentions of others) and “alexithymia” (i.e., the inability to
identify and interpret emotional signals in others). These two traits
reduce the youngster’s ability to empathize with peers. As a result, he
or she may be perceived by adults and other children as selfish,
insensitive and uncaring.
Click here to read the full article...
Click here to read the full article...
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Become an expert in helping your child cope with his or her
“out-of-control” emotions, inability to make and keep friends, stress,
anger, thinking errors, and resistance to change.
Click here for the full article...
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A child with High-Functioning Autism (HFA) can have
difficulty in school because, since he fits in so well, many adults
may miss the fact that he has a diagnosis. When these children display
symptoms of their disorder, they may be seen as defiant or disruptive.
