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School Refusing To Accept Dx
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School Refusing To Accept Dx

I am exteremely frustrated. My 12 yr old son has an active IEP where his primary reason for services is currently listed as OHI -(Other Health Impairment) due to a previous Dx of ADHD - combined type. Several specialist over the years have suggested that I have him tested for an Autism Spectrum Disorder as he has always fit the specifics of Asperger's since he was 3. But I was a naive first time parent at the time who thought my son was fine and would grow out of his odd behaviors. Well finally this past year, I finally came to the realization that the diagnoses my son had were not allowing him to get help and grew. He was Dx'ed as ADHD, OCD, Speech delayed ( yes the school was still using that at 12.. even though he had been getting speech services since he was 3), and dermatotillomania (skin picking). In October of 08, I took him to a pediatric pyschiatrist who added the additional Dx's of Asperger's Syndrome and depression.

My problem is that the school my son currently attends has stated that an asperger's diagnosis from a pyschiatrist is not definative and they are refusing the list it on him IEP as a reason for services.
The school also said that if I want them to accept that diagnosis that I must take him to a specialist to have another diagnostic screening done. They stated I had to take him to a neuropysch to get the testing done or they would not acknowlege it.

The problem is.. my son who used to be an honor roll student in an all inclusive classroom back when we lived in California has now fallen to a D-F student except in Science and Math where receiving C's. This child never had any behavioral problems till we move to OH for his 6th grade year. He is constantly being picked on and harrassed by other students. The vice principal of the school has actually stated to me that my son needs to stop acting weirdm because when he acts weird the other student cant help but stare and pick on him. He said my son is bringing it on himself by doing the weird things he does. The school is constantly saying his is acting inappropriately when he flaps his hands and flopps on the floor like a fish or hides under his desk when he is overwhelmed. They have suspended him numerous times for these behaviors and say he is being disruptive to the others students learning environment and that he is defiant because he is making a conscious choice to act the way he does. They are also now threatening to either press charges against him for disobidient/disorderly conduct or place him in an ED/SBH classroom setting/ But he has an Asperger's diagnosis that they refused to acknowlege.

In Ohio they have the autistic scholorship program but the primary diagnosis code for receiving services must be listed as an autistic spectrum disorder to receive the scholorship.

First, Is the school legally able to refuse to acknowledge a diagnosis of Asperger's Syndrome that was given by a pyschiatrist.. and are they able to require me to get an evaluation by a specific medical professional?
Secondly, what tactics can I use to get the school department to recognize the diagnosis he has already received?
Lastly, Is there anything in the interim I do about them suspending my son for behaviors he cant control.

Thank you for an advice you can give me with this matter. I just want to ensure my sons is gets the appropriate service he needs to succeed.
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14 Comments Post a Comment
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347888_tn?1239903054
I feel for you and your son.  This is truly awful what he is going through.  I'm sorry I don't know the laws in Ohio (I am in Michigan), but you can contact CAUSE (Citizens Alliance To Uphold Special Education) at 800-221-9105, www.causeonline.org.  The school is also required to give you copies of the rules and regulations that they must follow and your rights in getting your child the proper education.  If I were you, I WOULD NOT LET my son be in that school with the treatment he is receiving.  If you can homeschool, that would be a good option.  We had a similar situation with our daugther, and we had to switch schools (luckily still within our intermediate school district) to get her in a good program.  The battle never ends though, because next year she is due to come back to our local school and we are desparately trying to work with them to change their system, and beliefs, about how to education someone on the Autism spectrum.  The biggest problem we have run into (and it sounds like you have, too) is the total IGNORANCE of understanding Asperger's.  I have to stress that YOU are your child's biggest advocate, and you CAN fight the school system.  They need to learn that every child cannot be "inside the box", and they have to learn how to education them in an appropriate manner for that child!  I don't ever see my daugther having the "traditional" educational experience.  At 11, she is so much more intelligent than most teachers, and she often calls them out on their wrong information.  She will probably be doing her high school courses online, whether it be at home or at school.  Good luck to you.  I know this is a long and stressful road, but we have to fight for our children!
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Avatar_f_tn
There is just so much going on here!

I think to you need to request in writing  prior written notice as to why they are not excepting the psychiatrist DX's of aspergers. I would also request they provide you with the written policies and guidelines that support this decision.


Do you have the  Public school students handbook for your count?.If you don't just google it or go to the school front office and request it.  Look for the anti bullying policy and procedures.( children with disabilities also have additional laws that protects them from bullying)

In a separate letter I think you need to ask the principle why she is not following anti bullying policy procedures? In your letter recite what she has told you .....

" He said my son is bringing it on himself by doing the weird things he does. The school is constantly saying his is acting inappropriately when he flaps his hands and flopps on the floor like a fish or hides under his desk when he is overwhelmed". At the end of your letter write- Please  responed back in writng  and put a copy of this letter in my child student file.


The last one is a big one they are punishing your son for his disability!  There needs to be a manifestation determination meeting. In the Ohio DOE It states that they can not suspend your son more than 10 days for the entire year.

Copy and paste on your search bar

http://www.edresourcesohio.org/ogdse/8_-_discipline/8-5/document


"They are also now threatening to either press charges against him for disobidient/disorderly conduct or place him in an ED/SBH classroom setting"

This is a big one too. My advice to you is to re post this thread on
http://millermom.proboards.com/index.cgi You will get a lot of really good advice there!

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470168_tn?1237474845
You can also get legal advice from a solicitor that specialises in special educational needs law.  
There are laws that all schools and states have to comply with.  Sounds like alot of stuff is not happening for your child.   He may need a different school.  
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Avatar_f_tn
I'm back.....I found the Brunswick elementary handbook online

http://www.brunswickschools.org/handbook/handbook_e.htm


This is from ed gov about disability discrimination


http://www.ed.gov/policy/rights/guid/ocr/disability.html
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Avatar_m_tn
Last week he received his 4th out of schooll suspension which resulted in a total of 8 days. That is only the out of school susupensions. Brunswick, OH uses something called CLC - Corrective Learning Center. They send kids there when they do not follow schools rooms or are considered. disruptive/ defiant. My son has spent so many days in that program I have honestly lost count. It is well over 10 this year. I have no idea if they consider this suspension or not. But its like in-school suspension was back when I was in school. They have also taken his right to ride the bus to school away from him 3 separate times this year. The last time was a lil over a month ago, where they suspended his bus riding priviledges for a month. They took this away due to the fact that he would not stop sitting sideways in his seat.
In Ohio what qualifies under that suspension rule.. Is it just out of school suspensions? or would the CLC program count too because in the CLC program they remove him from his home school and send him to another school for the day.
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Avatar_f_tn
"they suspended his bus riding priviledges for a month." I am pretty sure this is not legal.

Again re post this at
http://millermom.proboards.com/index.cgi
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Avatar_f_tn
i am so sorry you are going through this, my heart goes out to your family right now, i have been through some of it myself with my son, i decided to homeschool after it became painfully obvious that he needed something different and public or private school was just not able to give it to him
i was terrified to pull him out, i fought for years, did the doctors, meds, ieps, i even contacted our states parents right department and dragged them along with a lawyer into the iep meetings
i researched homeschooling for 2 yrs, and halfway through this school year i just did it, the hardest part of homeschooling for me was to stop comparing my son to where he should be in life and meet him where he is
its so frustrating to see my son deal with the same disibilities i had in school, but just to let you know, aspergers or other ld's are not a total loss, infact most have added avantages, i finsihed top of my class when i went to paramedic school because i loved emergency medicine, i surprised my guidence teacher at my 4 yr university by proving to her that i could do well, if i enjoyed what i was doing
with homeschooling we focus more on what he likes and less on what makes him fall apart, we do have to do math, which he hates, but after trying 4 curriculims i found one that works for him, its mostly visual, math and writting is our big issue
what subject does your son enjoy? hate?
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Avatar_m_tn
My son's favorite subjects are math and science, especially biology and anatomy and physiology.
There is an incredible private school in my area that has an impeccable track record with Aspie kids. We are trying to get the school to recognize his Dx so that we can get Ohio's Austic scholarship program to pay for it considering that the school is 15k/yr.
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Avatar_f_tn
yeah, we have a school for ld children, its 23k plus what ever extra services your child needs, but it only goes up to 8th grade, and i decided that i did not want him is a special school, most of that had to do with peer behavior, but i totally understand why others go for these schools, maybe one day we will move to an area that has a suitable school,
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365714_tn?1292202708
Wow, that school is wrong...I can't help but wonder they have to be breaking some laws there.  What that vice principle said is unexcuseable.  And the treatment and lack of accomidations.  I agree with others about changing schools and possibly seeing if there could be charges pressed.  If that school is hostile to your son, what are they like for other disAbled people?
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325405_tn?1262293778
I know that a couple people commented on homeschooling... if you go that option, know that there are a lot of homeschooling support groups and there are organizations that sell curricula and some organizations sell curricula and offer grading services.  If you are Catholic, I know there is an organization called Seton Home Study.  They do the grading, and you send in (not sure if it's by email or by mail or a combination) homework and quizes.  They give children grades and your children actually have GPAs and would get a diploma eventually since it's considered a school.  I am not sure what other groups are out there.  I am sure there are quite a few that do similar things.  Most are probably religiously affiliated in some way.  

One of my nieces is diabetic (type I) and is in 2nd grade and homeschooled.  Her blood sugars are never quite right in the morning (they're still working on it since she's so young).  If she was in regular school, she'd flunk out.  But at home, my sister can have her start her work in the late morning and work longer in the afternoon after a break.  When her blood sugars are off she can't even add 2+2 (maybe a bit of an exaggeration) but when the blood sugars are fine, she can do all her math and other work fine.  For autistic/asperger people school has so many issues to address.  Even aside from the social interaction, there can be sensory issues.  Like fluorescent lighting.  Or ADHD issues like sitting still in a chair for Lord knows how many hours doing work that really isn't that efficient for time management.

Of course homeschooling means you have to stay home with your child, which for many is not economically feasible.  But, it is an option if you can swing it.  I also know the YMCAs around many parts support homeschoolers.  The YMCA near us offers art and gym classes for K to 12 homeschoolers.

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Avatar_f_tn
yeah we do gym on mondays and thursdays, park day every wed., skating fridays a months, hiking one tueday a month, then i goto the classes i can with my son, i have to stay with them, the teachers at our science center does not have the extra time to focus on my son, but i am allowed to sit with him, i am so glad you mentioned all that 888mom
sometimes when i tell people we are a homeschool people i just get so much negative feedback, its insulting
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Avatar_f_tn
Your school is breaking the law.  First of all, you need to request an IEP hearing.  Second of all, Ohio is known as one of the worst states for helping disabled children.  

You need them to state in a letter to why they refuse the diagnosis.  Make sure that you send your letter by certified mail.  We use Fed Ex. If they don't respond in 30 days - be happy.  Never push for correspondence back.  Their refusal to answer is in your favor.

Every time their is an incident occurs in the school request a documentation (again by some sort of certified/registered mail).  He is already listed as OHI.  He has certain rights - before he suspends them or sends him ooff again see if theuir is an appeal process.  It sounds like, no offense, that you have made it far too easy for them.  Find your mother lion and roar.  Obviously just sitting in meetings with your IEP team is just not cutting it.  Tell the school principle that she is violating his ADA rights (which it sounds like she is doing).  You can contact the government on this (they have a divison for students) and they can make her life miserable.  

You need an advocate.  They usually work on  a sliding fee and each state has to provide an advocacy service.  Type in Child Advocates in Ohio and get to work mom.  The first year is always he hardest but it gets better.  
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Avatar_f_tn
sue, i needed you during all those frightening iep meetings!!!!!!
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