COMMENTS: • Anonymous said... I agree. Our daughter has it clear as day. Many doctors have diagnosed it. Her school says she doesn't have it being she isn't destructive or play with trains. Ridiculous. It can be different for girls. • Anonymous said... I feel the same way, same boat for sure • Anonymous said... I think there is an educational issue with some so called specialists in these types of area. We see a lot of lower lever non graduate college taught specialists and some degree areas who are taught by other so called specialists, who were taught by specialists and so on. But subjects like this struggle to have a set of physical rules like maths and sciences, historically they have some rules and other assumptions based on instinct, but if a tutor gets that instinct wrong, and teaches that we tend to end up with a group of so called professionals often in a geographical area all taught and believing and preaching that same misconception. Over recent years it seems problems like this are starting to get written rules agreed throughout the world which appear to show conclusive proof whether someone is or is not a sufferer which helps tremedously, but we are still stuck with so called specialists taugfht from the paste who refuse to relearn teh principals of the vague areas of tehir trade. • Anonymous said... Kelly Fay - I am there with you. Finding my son's Aspergers, has given me many answers as well. Comfort and self acceptance • Anonymous said... Since learning about our sons HFA, I realise I am on that spectrum too and can clearly see why childhood was so hard. I have a wonderful understanding husband who just accepts my quirks and ocd • Anonymous said... We had an "expert" tell us "it couldn't possibly be Aspergers !! She's a girl !!" Then told us she has sensory issues, lacked social skills, has motor skill difficulties, obsessive interests, lacks empathy and has an anxiety disorder, but she clearly couldn't have Aspergers Post your comment below…
Description of "emotional age" versus "chronological age" in young adults with Asperger's and High-Functioning Autism who have failed to "leave the nest" - and what parents can do about it:
Psychologist said...
Thank you for all the work you do. As a psychologist who works with children and adult who have Aspergers, I find your posts to be the most informative and helpful of all the resources I've come across. You're an inspiration to those of us trying to help those with this challenge. Thanks again.
Your High-Functioning Autistic (HFA) child continues to protest that his teachers are being unfair. He also reports being bullied almost on a weekly basis. And to make matter worse, he's making poor grades and often complains that he doesn't understand his homework. Finally, a red flag pops into your head. You feel angry and start to wonder what in the heck the school is doing to your child. What's next? Go to the teacher and make a scene, thus burning a bridge with school staff ...or become an "effective" advocate for your child?
Moms and dads of children with Asperger’s (AS) and HFA must learn to effectively navigate the abundance of public misinformation and prejudice that surrounds autism spectrum disorders – and go to bat for their “special needs” children. In a nutshell, this means they must learn to be advocates.
Advocating for your HFA youngster is one of your most important jobs as a parent. It is your sacred duty to protect your child from harm, humiliation, and an unsupportive educational environment. You simply can’t stand by and watch your son or daughter suffer. It can feel overwhelming and intimidating to get into the “advocating business,” but when you remember that YOU know your youngster and his or her needs better than anyone else, it gets easier to fight the good fight.
Here are 21 crucial tips for the parent-advocate:
1. When you meet with school officials to discuss changes that you would like to see (e.g., more tolerance from teachers regarding your child’s need to have time-outs in a resource room in order to avoid meltdown), always have evidence and data to support your suggestions.
2. Become like a reporter whenever you are trying to effect school policy changes. Ask questions like, "who, what, where, when, why and when" and then listen carefully to the answers you receive. Research relevant questions, and then document responses instead of simply relying on your memory. Learn how to best ask questions, and don't come across as hostile or defensive to get the best open and honest replies from school staff.
3. An adversarial relationship between a parent and teacher is typically never in the best interest of your youngster. It's sometimes easy to fall in the trap of blaming school staff – or even pointing the finger at bureaucracy – for disappointments or a particular issue. However, blame doesn't typically result in anything more than bad feelings and an ill-willed outcome. Instead of blaming teachers or other school staff, try the opposite approach: keep calm, know the facts, and advocate about meeting your kid's unique needs.
4. Don’t be a problem-maker. Working together to solve problems with your youngster's teachers typically nets better results than becoming a problem-maker. Propose solutions or create a possible plan that works best for your child, the teacher, and you. Be open-minded and hear proposed solutions from the educational side as well.
5. Be an active, contributing member of the school community. Volunteer for committees and assist with school functions and events.
6. Be prepared for contradictions and objections when discussing important issues with staff. Think of issues or concerns that school staff might raise and prepare effective responses.
7. Be viewed by your youngster’s teachers and other school staff as a parent who wants to help initiate positive change for ALL students, not just your child.
8. Be willing to be agreeable – even if you don't agree! Say, "I can see your point, but if we make a few compromises and adjustments, we can make this work."
9. Become a "pseudo-lawyer" in special education law. Moms and dads of special education children don't truly need to become lawyers; however, it is good to become extremely knowledgeable about special education law. Learn the details behind the federal law that effectively created special education (now known as the Individuals with Disabilities Education Act).
10. Become a master planner. Moms and dads typically have goals for their children, and families of special needs children in particular should establish goals along with a strategy to obtain them.
11. Deal with conflict effectively. Recognize that, in the overwhelming majority of conflicts, no party is all wrong or all right. Try to see all sides of an issue. Walk in the teacher's shoes. Parent-teacher conflicts tend to eventually negatively impact the youngster.
12. Give compliments and praise willingly and often when working with school staff.
13. If you feel as though school staff is not listening or willing to help you, ask them to consider your recommendations and agree to continue the discussion at a later time. If you insist on an "immediate answer," they may feel intimidated or defensive. If this happens, you’ve just made your job as an advocate much harder.
14. Learn all you can about your youngster's special needs. Information is power, and moms and dads need to start with the facts about their youngster's special needs. Try and keep emotion out of it. Have fact-based knowledge from your youngster's doctor, therapist, special education experts, and anyone else who can provide information.
15. Provide school officials with suggestions and solutions that are pragmatic and workable. Consider their time and energy constraints. Don’t expect to move mountains (at least not initially anyway).
16. Don't assume that your youngster’s teachers don't want to meet his or her unique needs. Most do! However, a wide range of need combined with limited resources often create the potential for conflict between what reasonably can be provided versus moms and dads wanting what they believe is "best" for their HFA children. Parents should do everything possible to establish a positive, partnership-based approach and team together with staff.
17. Show school staff the benefits of your ideas. When possible, demonstrate how your son or daughter, the school – and the teacher herself – will benefit. Think win-win!
18. Moms and dads not only have the responsibility of planning their youngster's education and requirements today – they are also faced with the difficult task of thinking long-term. In other words, parents must be active futurists in setting up their youngster's successful academic achievement down the road.
19. Understand that the school’s Principal is a key player. You must have the loyalty, support, faith, and cooperation of the principal in order to advocate effectively.
20. Remind school staff that:
Each youngster is an individual and must be viewed as such. There is no one, solitary program or approach that works effectively with ALL children – even if they have the same diagnosis. If your youngster can't learn the way teachers instruct, then teachers need to instruct the way your youngster learns.
Effective Special Education services do not exist in a vacuum. Neither do they exist detached from the general program. They must be an integral and important part of the school-wide culture.
Special Education is not a place or a program. Rather, it is a flexible set of services and supports.
Under legislative guidelines, the “special needs” child is entitled to services. Staff is not "doing you a favor" by creating and implementing responsive programs. They are just doing their job.
21. Remember that:
Change generally occurs from the top down.
Change is a process, not an event.
Change requires intense preparation.
Change will be effective only if accompanied by support.
In order for schools to change, individuals must change.
Mandates do not make effective “change” happen. Only a sound, supportive process makes effective “change” happen.
Resources for parents of children and teens on the autism spectrum:
• Anonymous said... Been there started early for us in Kindergarten and it was really sad what an impact the teacher and students had on my daughter. She was very good and an over achiever until the bullying and hitting started. They she didnt eant to work anymore and just wanted friends even though she was punched, kicked and threatened. She even left the school premises, they couldnt find her and told me if I cried or made a scene they wouldnt appreciate it because nobody needed to know. took 20 mins to find her. Worst 20 mins of my life!! So much has happened in one school year. When my husband and I finally decided to have a conference with the principal, I was told that the teacher confessed to the principal on the things she has done and said but never apologized to our child or to us!!! Ive never seen my child so miserable. We were even told that it doesnt matter if she has a diagnosis, stomach problems or a 504, it was up to the teacher to accomodate if she "wanted" to. This is the result of us advocating for our child in a public school. Zero.Thats when we decided to finish the year and not enroll her for next year. No one in our county has programs, time or patience so we decided to virtual school her at home. Best decision EVER!!! I will teach my child wher she is loved, understood and can be herself 2 years so far and going GREAT. I wish many parents out there had this option for their kids good luck to all!
• Anonymous said... Dealing with this with my 8 year old son. As a former teacher, I have been both sides. We go to a school with tons of funding, staff, and are applying tons of resources for him. I am always telling them if they would throw in competition and structure my son would excel. Behavior class and aides don't motivate him. However, schools have feminized, making it difficult any competative student to excel. As I head into his IEP, I am going ask what competitive motivators they have. When a child is off task and wondering the class, I blame the staff. Moving the goal post with chances because special Ed doesn't help. I know they are trying, but hard when you know what your son needs, and you want to go in the classroom to implement it yourself.
• Anonymous said... I also needed this info. Getting ready to go back for a reevaluation of my sons 504. Each year brings anxiety and intimidation. These are very good notes.
• Anonymous said... Sooo sounds like my son... only it is daily for us.. not weekly
• Anonymous said... This article has been very helpful because we now have been dealing with a few teachers that my son is having issues with and this teacher are special education teachers. I feel that if a parent does nothing, nothing will ever get done. So I encourage parents no matter what disabilty your son/daughter has be their advocate at all times.
• Anonymous said... This came out on a day I needed it. My son has one teacher who we are having difficulty with who I have talked to many times regarding what he needs and we are still having problems. She feels all the kids need to be independent to get their work done. His other teachers have been working with us so it is so frustrating. I will keep the suggestions in mind today when I call to talk to her. Thanks!
• Anonymous said... Wow, this is the story of our life.
* Anonymous said... Mark, I am having so many troubles with his school. I hope this helps me. You have helped me so much already. I feel as if I am crazy at times between the doctors and school. My son is one of four and marches to the beat of a different drum. He is 13 now and yes I am his only advocate. Some days are easier then others. Thank you so much for all you do. You have been a blessing in my life.
Section 504 is a federal law designed to protect the rights of students with disabilities in programs and activities that receive federal funds from the U.S. Department of Education (ED). Section 504 provides: "No otherwise qualified individual with a disability in the United States … shall solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance…"
Section 504 covers qualified children with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a child must be determined to: 1) have a physical or mental impairment that substantially limits one or more major life activities; 2) have a record of such an impairment, or 3) be regarded as having such an impairment. Section 504 requires that school districts provide a free and appropriate public education (FAPE) to qualified children in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
At the elementary and secondary school level, determining whether a youngster is a qualified disabled child under Section 504 begins with the evaluation process. Section 504 requires the use of evaluation procedures that ensure that kids are not misclassified, unnecessarily labeled as having a disability, or incorrectly placed, based on inappropriate selection, administration, or interpretation of evaluation materials.
Once a child is identified as being eligible for regular or special education and related aids or services, a decision must be made regarding the type of services the student needs.
Public elementary and secondary schools must employ procedural safeguards regarding the identification, evaluation, or educational placement of persons who, because of disability, need or are believed to need special instruction or related services.
The Section 504 regulation requires a school district to provide a "free appropriate public education" (FAPE) to each qualified child with a disability who is in the school district's jurisdiction, regardless of the nature or severity of the disability. FAPE consists of the provision of regular or special education and related aids and services designed to meet the child's individual needs.
This article explains pertinent requirements of Section 504 and responds to specific questions raised by moms and dads of children with an Autism Spectrum Disorder:
1. A child has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504? The child may be eligible for services under Section 504. The school district must determine whether the child has an impairment which substantially limits her or his ability to learn or other major life activities and, if so, make an individualized determination of the youngster's educational needs for regular or special education or related aids or services. For example, such a child may receive adjustments in the regular classroom.
2. A student is receiving services that the school district maintains are necessary under Section 504 in order to provide the child with an appropriate education. The student's parent no longer wants the child to receive those services. If the mother or father wishes to withdraw the student from a Section 504 plan, what can the school district do to ensure continuation of services? The school district may initiate a Section 504 due process hearing to resolve the dispute if the district believes the child needs the services in order to receive an appropriate education.
3. Are current illegal users of drugs excluded from protection under Section 504? Generally, yes. Section 504 excludes from the definition of a child with a disability, and from 504 protection, any child or teen who is currently engaged in the illegal use of drugs (with exceptions for persons in rehabilitation programs).
4. Are current users of alcohol excluded from protection under Section 504? No. Section 504's definition of a child with a disability does not exclude users of alcohol. However, Section 504 allows schools to take disciplinary action against children or teens with disabilities using drugs or alcohol to the same extent as those without disabilities.
5. Are there any impairments which automatically qualify a child for protection under Section 504? No. An impairment in and of itself does not qualify a student for protection under Section 504. The impairment must substantially limit one or more major life activities in order to qualify a child for protection under Section 504.
6. Can a medical diagnosis suffice as an evaluation for the purpose of providing FAPE? No. A doctor's medical diagnosis may be considered among other sources in evaluating a child with a disability or believed to have a disability which substantially limits a major life activity. Other sources to be considered, along with the medical diagnosis, include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior.
7. Does a medical diagnosis of an illness automatically qualify a child for services under Section 504? No. A medical diagnosis of an illness does not automatically qualify a child for services under Section 504. The illness must cause a substantial limitation on the child's ability to learn or other major life activities. For example, a child who has a physical or mental impairment would not be considered a child in need of services under Section 504 if the impairment does not in any way limit the student's ability to learn or other major life activity, or only results in some minor limitation in that regard.
8. Does Office for Civil Rights endorse a single formula or scale that measures substantial limitation? No. The determination of substantial limitation must be made on a case-by-case basis with respect to each individual child. The Section 504 regulation, at 34 C.F.R. 104.35 (c), requires that a group of knowledgeable persons draw upon information from a variety of sources in making this determination.
9. Does Office for Civil Rights examine individual placement or other educational decisions for children with disabilities? Except in extraordinary circumstances, Office for Civil Rights does not review the result of individual placement or other educational decisions so long as the school district complies with the procedural requirements of Section 504 relating to identification and location of children with disabilities, evaluation of such children, and due process. Accordingly, Office for Civil Rights generally will not evaluate the content of a Section 504 plan or of an individualized education program (IEP); rather, any disagreement can be resolved through a due process hearing. The hearing would be conducted under Section 504 or the IDEA, whichever is applicable. Office for Civil Rights will examine procedures by which school districts identify and evaluate children with disabilities and the procedural safeguards which those school districts provide children. Office for Civil Rights will also examine incidents in which children with disabilities are allegedly subjected to treatment which is different from the treatment to which similarly situated children without disabilities are subjected. Such incidents may involve the unwarranted exclusion of disabled children from educational programs and services.
10. Does Office for Civil Rights mediate complaints? Office for Civil Rights does not engage in formal mediation. However, Office for Civil Rights may offer to facilitate mediation, referred to as "Resolution between the Parties," to resolve a complaint filed under Section 504. This approach brings the parties together so that they may discuss possible resolution of the complaint immediately. If both parties are willing to utilize this approach, Office for Civil Rights will work with the parties to facilitate resolution by providing each an understanding of pertinent legal standards and possible remedies. An agreement reached between the parties is not monitored by Office for Civil Rights.
11. Does the meaning of the phrase "qualified student with a disability" differ on the basis of a student's educational level, i.e., elementary and secondary versus postsecondary? Yes. At the elementary and secondary educational level, a "qualified student with a disability" is a child with a disability who is: of an age at which children without disabilities are provided elementary and secondary educational services; of an age at which it is mandatory under state law to provide elementary and secondary educational services to children with disabilities; or a child to whom a state is required to provide a free appropriate public education under the Individuals with Disabilities Education Act (IDEA). At the postsecondary educational level, a qualified youngster with a disability is a student with a disability who meets the academic and technical standards requisite for admission or participation in the institution's educational program or activity.
12. Does the nature of services to which a student is entitled under Section 504 differ by educational level? Yes. Elementary and secondary recipients are required to provide a free, appropriate public education to qualified children with disabilities. Such an education consists of regular or special education and related aids and services designed to meet the individual educational needs of children with disabilities as adequately as the needs of children without disabilities are met. At the postsecondary level, the recipient is required to provide children with appropriate academic adjustments and auxiliary aids and services that are necessary to afford an individual with a disability an equal opportunity to participate in a school's program. Recipients are not required to make adjustments or provide aids or services that would result in a fundamental alteration of a recipient's program or impose an undue burden.
13. How does Office for Civil Rights get involved in disability issues within a school district? Office for Civil Rights receives complaints from moms and dads, children or advocates; 2) Office for Civil Rights provides technical assistance to school districts, moms and dads or advocates; and 3) Office for Civil Rights initiates reviews or specific partnership initiatives with school districts to address disability issues.
14. How much is enough information to document that a child has a disability? The amount of information required is determined by the multi-disciplinary committee gathered to evaluate the child. The committee should include persons knowledgeable about the child, the meaning of the evaluation data, and the placement options. The committee members must determine if they have enough information to make a knowledgeable decision as to whether or not the child has a disability. The Section 504 regulation, at 34 C.F.R. 104.35(c), requires that school districts draw from a variety of sources in the evaluation process so that the possibility of error is minimized. The information obtained from all such sources must be documented and all significant factors related to the child's learning process must be considered. These sources and factors may include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior. In evaluating a child suspected of having a disability, it is unacceptable to rely on presumptions and stereotypes regarding persons with disabilities or classes of such persons. Compliance with the IDEA regarding the group of persons present when an evaluation or placement decision is made is satisfactory under Section 504.
15. How should a recipient school district handle an outside independent evaluation? Do all data brought to a multi-disciplinary committee need to be considered and given equal weight? The results of an outside independent evaluation may be one of many sources to consider. Multi-disciplinary committees must draw from a variety of sources in the evaluation process so that the possibility of error is minimized. All significant factors related to the subject child's learning process must be considered. These sources and factors include aptitude and achievement tests, teacher recommendations, physical condition, social and cultural background, and adaptive behavior, among others. Information from all sources must be documented and considered by knowledgeable committee members. The weight of the information is determined by the committee given the child's individual circumstances.
16. How should a recipient school district regard a temporary impairment? A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time. The issue of whether a temporary impairment is substantial enough to be a disability must be resolved on a case-by-case basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which it actually limits a major life activity of the affected individual.
17. If a student qualifies for services under both the IDEA and Section 504, must a school district develop both an individualized education program (IEP) under the IDEA and a Section 504 plan under Section 504? No. If a child is eligible under IDEA, she or he must have an IEP. Under the Section 504 regulations, one way to meet Section 504 requirements is to comply with IDEA.
18. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done? Yes. Section 504 specifies that re-evaluations in accordance with the IDEA comply with Section 504. The Section 504 regulation requires that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement. Office for Civil Rights considers an exclusion from the educational program of more than 10 school days a significant change of placement. Office for Civil Rights would also consider transferring a child from one type of program to another or terminating or significantly reducing a related service a significant change in placement.
19. Is there a mediation requirement under Section 504? No.
20. Must a recipient school district obtain parental consent prior to initiating a Section 504 evaluation? Yes. Office for Civil Rights has interpreted Section 504 to require districts to obtain parental permission for initial evaluations. If a district suspects a child needs or is believed to need special instruction or related services and parental consent is withheld, districts may use due process hearing procedures to override the moms and dads' denial of consent for an initial evaluation. Section 504 is silent on the form of parental consent required. Office for Civil Rights has accepted written consent as compliance. IDEA as well as many state laws also require written consent prior to initiating an evaluation.
21. Must a school district develop a Section 504 plan for a child who either "has a record of disability" or is "regarded as disabled"? No. In elementary and secondary schools, unless a child actually has a disabling condition that substantially limits a major life activity, the mere fact that a child has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free and appropriate public education (FAPE). The phrases "has a record of disability" and "is regarded as disabled" are meant to reach the situation in which a child either does not currently have or never had a disability, but is treated by others as such.
22. Must school districts consider "mitigating measures" used by a student in determining whether the child has a disability under Section 504? Yes. A school district must consider a student's use of mitigating measures in determining whether the child is substantially limited in a major life activity. "Mitigating measures" are devices or practices that a person uses to correct for or reduce the effects of that person's mental or physical impairment. Examples include corrective eyeglasses and medications. A person who experiences no substantial limitation in any major life activity when using a mitigating measure does not meet the definition of a person with a disability and would not be entitled to FAPE under Section 504.
23. Once a child is identified as eligible for services under Section 504, is that child always entitled to such services? No. The protections of Section 504 extend only to individuals who meet the regulatory definition of a person with a disability. If a recipient school district re-evaluates a child in accordance with the Section 504 regulation at 34 C.F.R. 104.35 and determines that the child's mental or physical impairment no longer substantially limits his/her ability to learn or any other major life activity, the child is no longer eligible for services under Section 504.
24. Once a student is identified as eligible for services under Section 504, is there an annual or triennial review requirement? If so, what is the appropriate process to be used? Or is it appropriate to keep the same Section 504 plan in place indefinitely after a child has been identified? Periodic re-evaluation is required. This may be conducted in accordance with the IDEA regulation, which requires re-evaluation at three-year intervals or more frequently if conditions warrant, or if the youngster's mother or father or teacher requests a re-evaluation.
25. What are the appeal rights with Office for Civil Rights? Office for Civil Rights is committed to ensuring that every complaint is appropriately resolved. If a complainant has questions or concerns about an Office for Civil Rights determination, she or he may contact the Office for Civil Rights staff person whose name appears in the complaint resolution letter. The complainant should address her or his concerns with as much specificity as possible, focusing on factual or legal questions that would change the resolution of the case. Should a complainant continue to have questions or concerns, she or he is advised to contact the Director of the responsible Office for Civil Rights field office. The Director will review the appropriateness of the complaint resolution. If the complainant remains dissatisfied, she or he may appeal to the Deputy Assistant Secretary for Enforcement.
26. What can a recipient school district do if a parent withholds consent for a child to secure services under Section 504 after a child is determined eligible for services? Section 504 neither prohibits nor requires a school district to initiate a due process hearing to override a parental refusal to consent with respect to the initial provision of special education and related services. Nonetheless, school districts should consider that IDEA no longer permits school districts to initiate a due process hearing to override a parental refusal to consent to the initial provision of services.
27. What does noncompliance with Section 504 mean? A school district is out of compliance when it is violating any provision of the Section 504 statute or regulations.
28. What is a physical or mental impairment that substantially limits a major life activity? The determination of whether a child has a physical or mental impairment that substantially limits a major life activity must be made on the basis of an individual inquiry. The Section 504 regulation, at 34 C.F.R. 104.3(j)(2)(i), defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endOffice for Civil Rightsine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The regulation does not set forth an exhaustive list of specific diseases and conditions that may constitute physical or mental impairments because of the difficulty of ensuring the comprehensiveness of such a list. Major life activities, as defined in the Section 504 regulation at 34 C.F.R. 104.3(j)(2)(ii), include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. This list is not exhaustive. Other functions can be major life activities for purposes of Section 504.
29. What is a recipient school district's responsibility under Section 504 to provide information to moms and dads and children about its evaluation and placement process? Section 504 requires districts to provide notice to moms and dads explaining any evaluation and placement decisions affecting their kids and explaining the moms and dads' right to review educational records and appeal any decision regarding evaluation and placement through an impartial hearing.
30. What is an appropriate evaluation under Section 504? Recipient school districts must establish standards and procedures for initial evaluations and periodic re-evaluations of children who need or are believed to need special education and/or related services because of disability. The Section 504 regulation, at 34 C.F.R. 104.35(b), requires school districts to individually evaluate a child before classifying the child as having a disability or providing the child with special education. Tests used for this purpose must be selected and administered so as best to ensure that the test results accurately reflect the child's aptitude or achievement or other factor being measured rather than reflect the child's disability, except where those are the factors being measured. Section 504 also requires that tests and other evaluation materials include those tailored to evaluate the specific areas of educational need and not merely those designed to provide a single intelligence quotient. The tests and other evaluation materials must be validated for the specific purpose for which they are used and appropriately administered by trained personnel.
31. What is reasonable justification for referring a child for evaluation for services under Section 504? School districts may always use regular education intervention strategies to assist children with difficulties in school. Section 504 requires recipient school districts to refer a child for an evaluation for possible special education or modification to regular education if the child, because of disability, needs or is believed to need such services.
32. What is the difference between a regular education intervention plan and a Section 504 plan? A regular education intervention plan is appropriate for a child who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students. Some districts employ teams at individual schools, commonly referred to as "building teams." These teams are designed to provide regular education classroom teachers with instructional support and strategies for helping children in need of assistance. These teams are typically composed of regular and special education teachers who provide ideas to classroom educators on methods for helping children experiencing academic or behavioral problems. The team usually records its ideas in a written regular education intervention plan. The team meets with an affected child's classroom teacher(s) and recommends strategies to address the child's problems within the regular education environment. The team then follows the responsible teacher(s) to determine whether the child's performance or behavior has improved. In addition to building teams, districts may utilize other regular education intervention methods, including before-school and after-school programs, tutoring programs, and mentoring programs.
33. What is the jurisdiction of the Office for Civil Rights (OCR), the Office of Special Education and Rehabilitative Services (OSERS) and state departments of education/instruction regarding educational services to students with disabilities? Office for Civil Rights, a component of the U.S. Department of Education, enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against students with disabilities. Office for Civil Rights also enforces Title II of the Americans with Disabilities Act of 1990 (ADA), which extends this prohibition against discrimination to the full range of state or local government services (including public schools), programs, or activities regardless of whether they receive any federal funding. The standards adopted by the ADA were designed not to restrict the rights or remedies available under Section 504. The Title II regulations applicable to free and appropriate public education issues do not provide greater protection than applicable Section 504 regulations. This guidance focuses on Section 504. The Office of Special Education and Rehabilitative Services (OSERS), also a component of the U.S. Department of Education, administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special education programs. Each state educational agency is responsible for administering IDEA within the state and distributing the funds for special education programs. Section 504 prohibits discrimination on the basis of disability in programs or activities that receive federal financial assistance from the U.S. Department of Education. The ADA prohibits discrimination on the basis of disability by state and local governments. IDEA is a grant statute and attaches many specific conditions to the receipt of Federal IDEA funds. Section 504 and the ADA are antidiscrimination laws and do not provide any type of funding.
34. What is the receiving school district's responsibility under Section 504 toward a child with a Section 504 plan who transfers from another district? If a child with a disability transfers to a district from another school district with a Section 504 plan, the receiving district should review the plan and supporting documentation. If a group of persons at the receiving school district, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options determines the plan is appropriate, the district is required to implement the plan. If the district determines that the plan is inappropriate, the district is to evaluate the child consistent with the Section 504 procedures at 34 C.F.R. 104.35 and determine which educational program is appropriate for the child.
35. What are the responsibilities of regular education teachers with respect to implementation of Section 504 plans? What are the consequences if the district fails to implement the plans? Regular education teachers must implement the provisions of Section 504 plans when those plans govern the educators' treatment of children for whom they are responsible. If the educators fail to implement the plans, such failure can cause the school district to be in noncompliance with Section 504.
36. What procedural safeguards are required under Section 504? Recipient school districts are required to establish and implement procedural safeguards that include notice, an opportunity for moms and dads to review relevant records, an impartial hearing with opportunity for participation by the child's moms and dads or guardian, representation by counsel and a review procedure.
37. What process should a school district use to identify children eligible for services under Section 504? Is it the same process as that employed in identifying students eligible for services under the IDEA? School districts may use the same process initially to evaluate the needs of children under Section 504 as they use to evaluate the needs of children under the IDEA. If school districts choose to adopt a separate process for evaluating the needs of children under Section 504, they must follow the requirements for evaluation specified in the Section 504 regulation at 34 C.F.R. 104.35.
38. What protections does Office for Civil Rights provide against retaliation? A recipient is prohibited from intimidating, threatening, coercing, or discriminating against any student for the purpose of interfering with any right or privilege secured by Section 504.
39. What sanctions can Office for Civil Rights impose on a school district that is out of compliance? Office for Civil Rights initially attempts to bring the school district into voluntary compliance through negotiation of a corrective action agreement. If Office for Civil Rights is unable to achieve voluntary compliance, Office for Civil Rights will initiate enforcement action. Office for Civil Rights may: (1) initiate administrative proceedings to terminate Department of Education financial assistance to the recipient; or (2) refer the case to the Department of Justice for judicial proceedings.
40. What services are available for students who qualify under Section 504? Section 504 requires recipients to provide to children with disabilities appropriate educational services designed to meet the individual needs of such children to the same extent as the needs of children without disabilities are met. An appropriate education for a child with a disability under the Section 504 regulations could consist of education in regular classrooms, education in regular classes with supplementary services, and/or special education and related services.
41. What should a recipient school district do if a mother or father refuses to consent to a case study evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a child without further evaluation? Section 504 requires informed parental permission for initial evaluations. If a mother or father refuses consent for an initial evaluation and a recipient school district suspects a child has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to override the moms and dads' denial of consent.
42. Where can a school district, parent, or student get information on Section 504? Office for Civil Rights provides technical assistance to school districts, moms and dads, and children upon request.
43. Who has ultimate authority to enforce Section 504? In the educational context, Office for Civil Rights has been given administrative authority to enforce Section 504. Section 504 is a Federal statute that may be enforced through the Department's administrative process or through the Federal court system. In addition, a person may at any time file a private lawsuit against a school district.
44. Who in the evaluation process makes the ultimate decision regarding a child's eligibility for services under Section 504? The Section 504 regulation at 34 C.F.R. 104.35 (c) (3) requires that school districts ensure that the determination that a child is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a mother or father disagrees with the determination, she or he may request a due process hearing.
More resources for parents of children and teens with High-Functioning Autism and Asperger's:
"What would be some ways to teach my teenage son [age 13] social skills? He really needs some friends but turns them off much of the time, so he's kind of a loner as it goes. What ideas have worked for others?"
Children with Asperger’s (AS) and High-Functioning Autism (HFA) are likely to have difficulties with social skills. In fact, about 75% of these children exhibit social skills deficits. Also, about 29% of teens with AS and HFA required social skills training beyond high school.
The importance of developing social competence can’t be overestimated since it is associated with academic achievement, peer acceptance, and employment success. Regrettably, the lack of social competence during early childhood is the single best predictor of mental health problems later in adulthood. Even more shocking is that experiencing significant difficulties with social skills becomes more unbearable over time, underscoring the crucial need for early social skills training.
Parents and educators can successfully teach social skills to AS and HFA children. But, the true challenge lies in ensuring that these children get the necessary social skills “where and when they count.” Most parents and educators have been relatively unsuccessful in promoting “generalization” of newly acquired social skills to natural settings (i.e., teaching social skills in a way that enables the child to apply his or her knowledge to varied situations and environments). Thus, the need to adopt intervention strategies that promote social skills generalization is critical.
Here are some ways that parents, educators, and even therapists (i.e., “instructors”) can promote generalization of social skills across situations, settings, and other people:
1. Kids with AS and HFA often need direct instruction in recognizing and labeling the emotions of themselves and others. Parents and teachers need to verbally label feelings to provide these kids with the “language of emotions.” Often times, “instructors” fail to realize that AS and HFA kids confuse emotions. Helping them to use the appropriate language and place a label on a feeling makes that feeling less scary and underscores the fact that others experience similar emotions. Kids can learn to recognize and use “para-language” (i.e., information that communicates emotion with or without words), for example, attitudes, facial expressions, gestures, interpersonal space, posture, and speech patterns.
2. Parents and teachers can capitalize on "teachable moments," which promote social skills generalization. However, some “instructors” need to learn how to incidentally teach. “Incidental teaching” involves the spontaneous teaching of skills during “naturally occurring” situations and encouraging kids to use skills at appropriate times.
3. Parents and teachers should identify social skills that are of crucial importance at both home and school (e.g., accepting criticism, controlling anger, following directions, giving and receiving compliments, listening, sharing, taking turns during conversations, understanding others' feelings, etc.). After the parent and teacher identify the social skill together, they can identify situations in which to teach it (e.g., times to share might be when peers play together, when a neighborhood youngster comes to visit, or when the family plays a board game together).
4. Parents and teachers should think in terms of "zones of behavior” when setting boundaries with AS and HFA children. For example, a green zone can include desired behavior, a yellow zone can include behavior that is tolerated in order to give these kids learning opportunities or to indulge them during a particularly difficult or stressful time, and a red zone can include behavior that isn’t tolerated under any circumstances (e.g., the behavior is too dangerous to the youngster or others, is immoral, is unethical, is illegal, is socially unacceptable, etc.).
5. Recognize an emotion as a teaching opportunity. Recognizing uncomfortable emotions as opportunities for teaching and intimacy (rather than as reasons to criticize, reprimand, or punish the AS/HFA youngster for experiencing these feelings) is an important piece to social skills training.
6. Teach AS and HFA children social skills in settings where the skills will be used. If teaching skills in a natural setting isn’t possible, parents and teachers can use role-playing to reflect a variety of settings or teach these kids to self-monitor their use of skills across settings. “Instructors” can also recruit other adults who play a role in the child’s life to prompt, teach, and reinforce use of appropriate social skills.
7. Make use of “cognitive mediators.” One method that enables AS and HFA children to generalize social skills is the use of cognitive mediators (e.g., positive self-talk, self-monitoring, self-recording, and self-reinforcement).
8. Teach skills that are valued in the natural setting. Selecting social skills valued by peers, educators, and moms and dads increases the odds that “skill use” will be reinforced. Real-life reinforcement is essential if social skills training efforts are to continue over time.
9. Some instructors (whether a parent, teacher, or therapist) “overly-control” the instructional presentation to help AS and HFA children acquire new social skills. In other words, they adopt standardized presentation procedures, present information in a prescribed order, and require mastery before moving on to the next skill. Although these methods promote “skill acquisition,” they usually work against “skill generalization.” Thus, social skills instructors can encourage AS and HFA children to generalize by employing a variety of models and role-playing actors, reinforcing social skills across settings and situations, teaching several skills several times a day, and using natural language.
10. The importance of reinforcing or praising AS and HFA kids for using appropriate social skills (or “attempting” to use them) cannot be stressed enough.
11. Use reinforcement sparingly. After social skills are acquired, parents and educators should adopt schedules of reinforcement similar to those in natural settings. Usually, reinforcement occurs less frequently in natural settings than in instructional settings, requiring that parents and educators gradually reduce the frequency and amount of reinforcement. In some cases, AS and HFA children may need to be taught to recruit reinforcement and to self-reinforce so that they will continue to use social skills in environments lacking in external reinforcement.
12. Validate emotions by listen empathetically. Validation of an emotion does not necessarily mean “approval.” However, sometimes it’s important to just listen rather than advise the AS/HFA youngster or to impose logic on the situation.
13. Teach AS and HFA children how to problem-solve. Parents and teachers can teach these kids to more effectively solve social problems. Here’s a useful problem-solving sequence:
Define the problem
Identify potential solutions
Consider the outcomes of each solution
Implement a solution
Evaluate the effectiveness of the solution
Summary—
Although many parents and teachers have been successful in teaching social skills to AS and HFA children, they have been far less successful in making sure these skills are used when and where they count. If “generalization” of social skills is to occur, “instructors” must adopt techniques that actively promote use of social skills across settings, situations, and other people.
More resources for parents of children and teens with High-Functioning Autism and Asperger's:
"I desperately need some advice on how to work with my son's (high functioning autistic) teacher so we can come up with a 'plan' that actually works for him - both academically and behaviorally."
Collaboration between parent and teacher facilitates successful education for ALL children. But for young people with Asperger’s and High-Functioning Autism, it’s especially important to have effective communication, consistency on goals and rewards across settings, teamwork planning, and monitoring of interventions. The parent-teacher relationship is ongoing, reciprocal, respectful, and child-centered.
This post offers important tips for facilitating effective parent-teacher teamwork:
1. A message notebook may be used so that the educator can communicate what is going on at school – and the mother or father can communicate what is happening at home. Notebook comments from the educator may discuss a youngster's progress, his behavior, attitude, the rate at which he completes class work, and so on. A message notebook also provides an opportunity for the mother or father to ask questions she or he may have for the educator or provide information about the youngster to the educator.
2. Brainstorming requires both creativity and patience. Parents need to allow the teacher to share suggestions with them, even though they might not necessarily make sense to parents at first. The best solutions are not always the most obvious ones. Parents should be flexible in their thinking and open to the teacher’s suggestions – and listen to the reasons behind the suggestions (e.g., the educator may suggest a particular approach because that intervention has been effective with other Asperger’s children in the past).
3. Children with Asperger’s and High-Functioning Autism often have difficulty planning ahead for longer assignments or class projects. To assist with lengthy assignments, these kids benefit from having a contract for the assignment so they are aware of their timelines and responsibilities.
4. E-mail has become a very common and convenient method of communication. If moms and dads and educators both have an e-mail address, e-mail may be a convenient way for them to communicate.
5. Homework is frequently an area of difficulty for children with Asperger’s and High-Functioning Autism – and may be the subject of the majority of parent-teacher trouble-shooting. Parents and teachers often report that Asperger’s children are not aware of assignments, have left books or homework at school, or have completed work - but have not returned or submitted it for grading. It’s important that all parties understand homework policies and their individual roles and responsibilities (e.g., How often will homework be given? How much time will be required to complete assignments? What is the parent’s role?).
It’s equally important for educators to obtain information from the mother or father about their schedules, the parents’ other children, and household routines. Many moms and dads find that assisting their Asperger’s youngster with homework requires time, organization, and patience, which can be challenging for them to muster after a day with job and family responsibilities. When educators and parents communicate their expectations and situations, they can develop and monitor successful homework plans.
6. For children with Asperger’s and High-Functioning Autism, managing homework assignments may require assistance from an advocate or "coach." The coach is often a special education teacher who meets daily during "homeroom" or "study skills" class with children to build organizational, study, time-management, and self-advocacy skills. The special education teacher mentors and supports the child and communicates with teachers at weekly team meetings to discuss and monitor the child’s assignments and projects. The special education teacher serves as a contact person for parents and educators and provides consistent communication and teamwork between home and school for academic and behavioral growth.
7. In order to come up with the best solutions to a youngster's problems, moms and dads and educators need to discuss the problems in detail. Although such discussions may be difficult, they are necessary in order to develop interventions that can be implemented consistently at school and at home. With the right interventions, most Asperger’s kids will improve, although it may take a while. Stay positive, work collaboratively, and think about how all of this time and effort will ultimately benefit the youngster.
8. Lack of motivation by children with Asperger’s and High-Functioning Autism is often a factor in starting and completing school assignments. When educators offer children multiple ways of demonstrating their learning, they can explore their interests and creative talents, thus increasing their motivation and effort.
9. Make use of a student planner, which is a notebook that is used to help kids keep track of their daily homework assignments. While many educators can write the assignments that are due in the planner, some kids may be required to do this task themselves in order to increase their independence and responsibility. When kids are responsible for writing their assignments in the planner, the educator can check their notebook to see whether they completed the task accurately. Moms and dads and educators can communicate daily through a youngster's planner.
10. Medications are often an integral part of treating comorbid conditions associated with Asperger’s (e.g., ADHD, anxiety, depression, OCD, etc.). Medication can be a beneficial component of a treatment plan for some of these “special needs” children, and educators are in an excellent position to judge effectiveness of medications on behavior and learning. Therefore, moms and dads and educators will want to provide teamwork feedback to doctors regarding these kid’s behavior and performance when on medication. Information about performance before - and when receiving medication - is critical for determining the overall effectiveness of medication, its dosage and timing, and side effects. Some of the side effects that parents and educators can observe and note are nausea, loss of appetite, headaches, stomachaches, lethargy, moodiness, and irritability.
Behavioral, learning, and other side effects noted by educators are best reported to parents, who in turn, will present this information to the doctor. Parent permission is required for any direct communication between educators and doctors. Parent-teacher communication regarding medication monitoring may take the form of phone calls, notes, or forms. For working parents, it’s important to let them know that frequent communication is very useful when Asperger’s children first begin medication or adjustments are made. When medications are given at school, the school nurse should maintain a medication log and administer medications per doctor’s orders. Also, the school nurse should be included in the parent-teacher team when monitoring medication.
11. Moms and dads should attend each open house that their youngster's school holds. This is an excellent opportunity for parents to meet their youngster's educators face-to-face and get to know who they are.
12. Parental involvement should be included in all stages of assessment, identification, and the development of behavior plans. While moms and dads have always been included as participants on their youngster's Individualized Education Program (IEP) team, they should also have input during pre-referral and eligibility meetings and help plan positive behavioral interventions.
13. Parents can be a volunteer. While some principals will not assign moms and dads to their youngster's classroom, being a “room mother” or “room father” is a possibility in many districts. Volunteering in another class can still provide many insights into what goes on in the school (e.g., what happens daily or how the educator manages the classroom).
14. Phone conversations can be a good way to communicate, because each party can ask more detailed questions. Phone conversations often do not provide the ongoing dialogue that corresponding through a message notebook does. However, for complex issues, a phone call may be the better choice.
15. Some districts use a homework hot line that allows educators to communicate homework information to moms and dads and children. Parents can call a certain number in order to hear the day's homework assignments for their youngster.
16. The school should develop communication folders and homework plans that foster parent-teacher teamwork. Though these specific folders and plans may vary by grade with homework requirements increasing each year, the principles and policies should be consistent across the grade levels. All “special needs” children should have a communication folder that goes back and forth from school to home each day. Announcements, notes, weekly school newsletters, and weekly homework packets should be put in this folder. The front cover of the homework packet should have a weekly class schedule, list of upcoming school events, and a list of spelling/writing words. Also in the packet, there should be a “homework schedule” with suggested assignments for each day. Moms and dads should communicate with the teacher by signing and returning the bottom half of the weekly schedule along with any comments. The folder needs to be given to the Asperger’s child on Friday and needs to be returned to the teacher the following Friday.
Keeping the homework packet in the communication folder is particularly helpful when the Asperger’s child participates in after-school study or childcare programs or has homework assistance from others. For some children on the autism spectrum, educators can make accommodations by varying the homework that is included in the packet, particularly if their achievement levels are substantially below that required of the homework. While it’s important for ALL children to practice skills and do work that is at their independent or instructional levels, this is particularly true for kids with Asperger’s and High-Functioning Autism, for whom focusing on “too challenging” academic work after a day at school can be particularly difficult.
17. Utilize a web-based homework list, which is a list that provides a directory of reading and homework assignments for the night. The website may also include links to relevant Internet resources. A homework list is often offered as part of a program that allows moms and dads to log in and access their youngster's grades. This feature allows parents to continually monitor their youngster's progress, which is particularly important if they are concerned that their youngster's grades may be slipping because of extracurricular activities or after school employment.
18. It’s is helpful to provide Asperger’s children with a sequence of steps for complex or multi-step assignments and a checklist to monitor their completion of the steps. This list can be created by the teacher - or by the teacher and child - as they think through the steps in the process.
19. Moms and dads have a lot to offer, whether it’s information about the youngster's medical, developmental and educational history, ratings for behavior and attention levels, or information about interests. When a problem arises, using an effective problem-solving plan that incorporates parent-teacher teamwork can be helpful for both parties. The following 10-step plan for the problem-solving process addresses specific concerns, incorporates a positive plan of action, and offers specific means for follow-up communication:
Teacher writes one sentence describing the problem.
Why is it an issue?
Give a brief history.
Whose responsibility is it (teacher, parent, or child)?
What has already been tried to handle the problem?
Is the problem similar at home and school?
Teacher and parent generate, write, and clarify possible solutions.
Teacher and parent select preferred solution(s).
Teacher and parent select specific way(s) to implement the preferred solutions.
Teacher and parents specify times for follow-up and teamwork.
Below is an example of the 10-step plan for problem-solving:
Child: Michael Jameson Grade: Second Teacher: Mrs. Smith Date: March 2, 2013 Parent: Sara Jameson
1. Teacher writes one sentence describing the problem: Michael does not stay in his seat and complete his work.
2. Why is it an issue? Moving around the classroom distracts Michael’s fellow students.
3. Give a brief history: Michael stays in his seat for about 3 minutes when doing classwork. He misses instructions, walks around the classroom, gets a drink, talks to peers, etc. At home when doing homework, he stays in his seat for 5 minutes, then gets up and plays with his dog.
4. Whose responsibility is it (teacher, parent, or child)? This is Michael’s responsibility.
5. What has already been tried to handle the problem? Verbal reprimands have been tried.
6. Is the problem similar at home and school? Not completing assigned work happens both at school and home.
7. Teacher and parent generate, write, and clarify possible solutions:
Schedule appointment for physical with Michael’s doctor
Give Michael stickers or extra playtime for staying in area and completing work
Set up a behavior monitoring plan for staying in seat, listening to directions, and doing work
Have the school counselor talk with Michael weekly about importance of staying in his seat/desk area and completing work
Use masking tape on floor to outline Michael's desk area
8. and 9. Teacher and parent select preferred solution(s) and select specific way(s) to implement the preferred solutions.
Parent and teacher set up a behavior monitoring plan for listening to directions, staying in seat/area, and doing work at school during morning classwork and at home during homework. With his mother or teacher, Michael monitors his own behavior. Each day that he receives an "X" (hit the target) for all target behaviors, he will receive a "target sticker.” If he receives stickers 3 out of 5 days at school, he gets a "special treat" at home. If he receives stickers 3 out of 5 days at home, he gets 15 minutes of free time at school on Friday. Checklist goes back and forth from home to school in Michael’s folder.
10. Teacher and parents specify times for follow-up and teamwork: Mrs. Smith telephones Michael’s mother on Friday to check on how it’s going. Then Mrs. Smith calls Michael’s mother on March 10, 17, and 24th …and then weekly for a month. Number of days needed to get stickers will increase as Michael is successful.
Mrs. Smith and Michael’s mother were consistently communicating and had similar expectations.
Michael was actively involved in self-monitoring using a parent-teacher behavior checklist that was titled "Hit the Target".
When Michael received his reward for schoolwork at home and vice versa, Michael got a "double dose" of praise and, when needed, additional support.
Parent-teacher teamwork is an important key for the success of children with Asperger’s and High-Functioning Autism. Communication fosters common language and consistent expectation and engages all parties involved. Teamwork is particularly crucial for input during assessments, when developing behavior plans, when monitoring medication, and in coordinating homework.
The consistent use of parent-teacher notes is an important part of the communication system. Parent-teacher notes promote consistency in expectations and help everyone develop a common language. These notes may be simple check sheets or lists for reporting child behavior or academic work.
Using daily or weekly journals is helpful when more elaborated information is important. Educators and parents also have opportunities to regularly communicate through formal and information meetings and phone calls.
More resources for parents of children and teens with High-Functioning Autism and Asperger's:
