Key Evaluations for Autistic Kids

Many people/parents do not understand the meaning for the evaluations or that you can ask for a certain type of evaluation given your child’s disability.

First, the state and federal regulations clearly state that the district must evaluate in “All areas of suspected disability”.  So, if your child is autistic and exhibits, social skills issues/deficits, communication, oral, receptive, written or expressive, daily living skills issues/deficits, then you would need more than a speech and language evaluation and the WISC.  You will probably need at the very least what is called the Vineland.  This test incorporates all of your concerns in all areas of functioning.  This is used in addition to a Functional Behavior Assessment and a Speech and Language evaluation.  Each evaluation brings you closer to addressing your child’s unique needs.

If your child is exhibiting communication issues or is nonverbal, then in addition to the assessments listed above, an Augmentative Communication evaluation should be administered.  Then you would need to determine they type of program or Assistive Technology that would be beneficial given your child’s unique needs and of course the recommendations made by the evaluator.  All of these evaluations give you a bigger picture and a “baseline” or “foundation” to build your child’s IEP.

The ABLLS-R is another evaluation that should be completed.  The ABLLS-R is the Assessment of Basic Language and Learning Skills.  If you read about all of the links provided in this article you will see that while they appear to be Speech and Language assessments they incorporate many different areas of language as it relates to all areas of functioning, comprehension, expressive, oral communication, daily functioning etc.

The evaluations do not hurt and can only help you in determining the type of services your child may need to make gains in a years time.

The school district can refuse to evaluate in the areas listed above, however, if they refuse or in some way change or modify your request to evaluate, they must provide you with the School District’s Notice of Refusal to Act form, in other words, 34 CFR 300.503.  If they don’t give you that form file against them with the Dept. of Education for an investigation.  Cite the regulation above and say it is a denial of FAPE and a violation of “Child Find” and a violation of evaluating in all areas of “suspected disability”.  If you want or need to file against a school district and need help send us a request and we will walk you through it.

The school district must comply with all state and federal requirements.  The district cannot create policies and/or procedures that are more restrictive than federal regulations. That is illegal and if proven will force school staff to IDEA training in procedural safeguards and possibly owe your child compensatory services.

BSEA Hearing Stats for 2011

-bsea-forms-11stats.html

BSEA in 2011 had 35 decisions of those decisions only 7 were won by the Parents. In 5 of those cases the Parent’s were represented by counsel.  The school districts won 22 hearings and all represented by counsel.

Really, I do not believe that the U.S. Attorney General has stats like the Massachusetts Bureau of Special Ed. Appeals, consistently over the last 10-15 years.

“Occupy” Special Education Rights Movement

Here’s the thing with technology at our finger tips we may be able to get the help we need for our children through this movement.

All Parents are asking is that the state and federal regulations be implemented to address the unique needs of the student with a disability.  We don’t have to reinvent the wheel, because Congress in their infinite wisdom took out all of the “grey” areas.

The Grey areas evolve because of the Dept. of Education thinking that they can selectively implement federal requirements.  It’s funny I don’t see them selectively answering the voluntary special education grant application from the federal government.

I don’t see them only answering the questions that they want. You know why, if they don’t answer most of the questions regarding the Assurances they are making to the feds in order to receive the special education federal funding, they won’t get the federal funds and they know it.  So, they answer that Yes, we assure that ALL children in the state of Massachusetts, or whereever the child resides, will receive an education, including children with disabilities.  And they assure that no matter where the child resides within the state, that the child will receive an education pursuant to state and federal laws and regulations.   However, that is not always true.  For instance, Massachusetts has this wonderful knack of modifying the meaning of a federal law or regulation.  In fact, the BSEA (Bureau of Special Education Appeals) has been in violation of federal regulation 34 CFR 300.511, Hearing Officers cannot be employees of the Dept of Education.

This became a question when the new commissioner took the position and asked for guidance from the Office of Special Education Programs, Wash. D.C.  Those are the people who provide the $15 million for special education funds in this state.

The issue was allegedly resolved, however, the same hearing officers that were deciding cases for the last 20 years are still hearing and deciding cases in the same building prior to the allege separation of Hearing Officers from the DESE. All supporting information can be found at www.ideasnpo.org. Go to the Links and Affiliations page and see the letter from our Commissioner to OSEP  and the responses.  It’s unbelievable.  So please take the poll let me know what your thoughts are.

Tid Bits of Info

Memo regarding Procedures Lite

This is an unapproved program that apparently has been going on by school districts.  Thankfully it was caught and school district’s implementing this program were told to discontinue.

If you are a victim of this “Procedure” that removed your rights under state and federal regulations, or you suspect this has happened to you, rescind your signature and contact the State Special Dir. listed on the letter. Put it in writing and keep a copy for your records.

The school district cannot ask you to waive your rights while at the same time accepting federal funds for special education and make assurances to the Dept. of Education that IDEA will be enforced for all eligible students.

Your Rights: Evaluations

Bureau of Special Education Appeals Hearing Officers (BSEA)

The Bureau of Special Education Appeals

Impartial Hearing Officers: In accordance with state administrative hearings and federal mandates, hearing officers cannot be employees of the very agency that is funding special education to public schools.It’s against the law.

But here in Massachusetts, for well over 20 years until July of 2010, the hearing officers were doing just that and according to their own statistical data approximately 95% of the time the school district prevails, parents only prevail approximately 5% of the time.  The only recourse for parents is to appeal the decision to Superior, Supreme or Federal Court. It’s very expensive.  Few if any are ever appealed.  So that means that the Hearing Officer is right and the school district is right and the parent is wrong and the student does not receive the services, compensatory services, and the school district is off the hook.

You can view the actual stats on the Dept. of Elementary and Secondary Education‘s site or on my site www.ideasnpo.org the links and affiliates page

This was and I believe, is still going on when you consider the fact that all but one of the hearing officers, are still hearing and deciding cases in the same Dept of Elementary and Secondary Education (DESE) building, which was specifically built to house the staff of the “due process” division, a violation of 34 CFR 300.511.

Do you believe you will receive a “Fair and Impartial Hearing” at the BSEA and were you aware of this?

WANT TO TAKE A POLL?