School not accepting 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.

[itsjusttara]

I am so sorry to hear what the school is doing to your son. I understand the difficulties of a school that thinks that the childs behavior is a matter of choice. It's overwhelming to say the least.

I'm sorry but I do not have an answer to your questions. But I can tell you what I have been able to do in my situation. My daughter (7) has a current diagnosis of ADHD and OCD. I constantly hear from the school that my daughter is smart, she is manipulating everyone into believing she is having difficulties doing ordinary tasks. Or my favorite solution that they come up with... If she receives consistent consequences it will "help" her. My daughter does not understand why she is receiving a punishment. She can verbalize (basically she can repeat back what she was told)  to me or her teacher. But she does not understand that the consequence was for her action. So punishing her does very little for her except for ruin her self esteem.  But the school continues to think it's all about her choice to pay attention or her choice to follow the rest of the kids when they are going to another classroom for a different subject (she has been known to be wondering around in the opposite direction than the class going out the door).

Katie sees a psychiatrist (for her meds) and a psychologist for her therapy. They both realized there were some issues. They first suggested I contact the school and request testing for her. But that was pointless. They kept referring back to her high test scores and intellegence. They even told me that by getting her tested she could be labeled as special ed and that could stick with her the rest of her life. Are you kidding me?! That is the most ridiculous thing I have ever heard. Finally her psychiatrist referred Katie to a specialist who does extensive diagnostic testing so that Katie could get help in school. He said we don't need a diagnosis to treat her with medicine. It just so happens she is already on the meds they would prescribe if she had Aspergers. He said they don't need the definitive diagnosis from the specialist for that. But for the school to help her she needed to be diagnosed by the other Dr. Kate is scheduled for her testing in 7 days.  You might need to talk to your childs psychiatrist to get a referrel to a specialist for the testing. Unfortunatly, it is very tricky with the schools. Funding is low when it comes to helping children with disabilities. They want to deny there is a problem so that they don't have to pay for the help for your son. Once my daughter is diagnosed by the specialist there is nothing the school can do legally. They have to help her. And the same goes for your son. Try and get him tested by the specialist and then the school can not argue the subject any longer.

I would recommend contacting the school superintendent. Try and get an appointment with him or her. Sometimes you have to go over the principles/teacher/counselor's  head so that someone will listen to you. I have found that it is unconfortable to "rock the boat" sometimes but sometimes you have to just make some noise so your child has a chance.

Sometimes... you just have to beat them at their own game. :) Show them who's boss. One thing I realized is the school system was trying to pull some power trip and bully me into accepting what they said. Try and be strong and not let them bully you. You are your sons biggest advocate. You are the one with his best interest at heart. The school is looking at his situation as a potential financial burden.

[WIZARDKID]

Life stories above, If they are refusing to accept him into that category, don't show them who's boss, because then they really wont accept him. Bring in a real doctor, not a school psychologist because there morons, and have the Doc, give them a diagnosis of Aspergers Syndrome, if they are refusing to accept him over that it is not a Learning Disorder such as Dyslexia or ADHD, then they should realize that it is a concentration issue for him, I dont know if Ritalin would help him, its more for ADD/ADHD but you can ask your Doctor, but overall have the MD or DO come in and rip it to him that he legally has this problem.


WIZARDKID-