In the state of Maine, can a child with an asperger's diagnosis be denied special education?

Answer 1

If the child's disability (Asperger's) is not negatively impacting his performance in school there can be chance that an IEP might be refused. Years ago special education was only limited to behavior and academics. Social skills are now recognized as a need for any child falling within the autistic spectrum. There is another option that might be available if an IEP is rejected. A 504 plan is a legal document falling under the provisions of the Rehabilitation Act of 1973. It is designed to plan a program of instructional services to assist students with special needs who are in a regular education setting. An alternative might be a 504 plan.

A 504 plan is not an Individualized Education Program (IEP) as is required for special education students. However, a student moving from a special education to a regular education placement could be placed under a 504 plan. A student with a physical or emotional disability, or who is recovering from a chemical dependency, or who has an impairment (i.e. Attention Deficit Disorder or possibly Asperger's) that restricts one or more major life activities.

So, to answer your question in some cases an child with Asperger's may be denied special education services. I'm not saying that is appropriate. If you feel your child is in need of special education services then you must request an evaluation or if one has been already completed that denies the need for special ed., then you can "disagree" with the report and go to a pre-conference hearing or mediation to try to sort it out. If that fails to meet your child's needs seek counsel for due process.

Unfortunately, some educators do not see the need for supporting social issues. I believe this was adapted in the revision of IDEA in 2004.

Good luck to you!

Answer 2

Yes. The multidisciplinary referral team (which includes the parent) can determine that an evaluation is not warranted. Or, in the case an evaluation has been conducted, the team can determine that the child does not need specially designed instruction. For example, if a child that has an asperger's diagnosis is making sufficient progress in regular education classes-- then there is no need for special ed. services despite any diagnoses. It is the school's responsibility to educate the child as much as possible like every other student. Many times, regular education teachers are willing to make accommodations for children that have different needs or the team can request a 504 evaluation/accommodation plan. A 504 plan is appropriate when a student does not need different instruction from other children but just needs accommodations in the classroom to be able to participate to the same extent as children without disabilities.

Answer 3

A medical diagnosis does not automatically qualify a child for any kind of services. In my state (far, far from Maine), we've been asked to look at all medical diagnoses of autism (including Asperger's) critically--to question those diagnoses whenever we see them.

Under federal law, the team must try to reach a consensus on a number of questions to determine eligibility for special education. One of them is some variation of "Does the child need specially designed instruction?"

I've been advised that if the family and the Department of Education cannot reach a consensus, the Department of Education makes the eligibility decision, and the parent can go to due process if they wish. I would recommend against that unless you really, really like lawyers involved in your life and taking decisions out of the hands of either you or the school. You'd be better off asking for mediation instead.

One of the characteristics of a student with Asperger's is that they may have the verbal skills that other autistic children lack. Very often, what they need to work on is social skills. Taking such a student away from his general education peers and placing him in a class with students who have specific learning disabilities, emotional disturbance, or severe attention deficit hyperactivity disorder may not be the best step to meet his social needs. This would especially be the case if his academic problems do not come from a lack of ability, just a lack of organization and not particularly caring what his teacher thinks of him or his work.

When I was in school, my classmates called special ed classes "The Box". As educators, we must educate students in the Least Restrictive Environment in order to avoid them being isolated or perceived as different from their peers--to the maximum extent possible. This is not just a legal requirement, it is a moral and ethical issue as well.

Plus, the research (and my personal experience) shows that special education students learn more in the general education setting. If you put them in special ed when they don't need it, you are really doing them a disservice.

A counselor can work with the student one-on-one, or lead a group of students to teach them social skills. This can totally be done in the context of a Modification Plan under Section 504.

If the student has particular academic needs that should be addressed in a special education setting, be very specific and document, document, document. If you have the evidence that shows the student really needs specially designed instruction, your team can probably reach a consensus on eligibility fairly easily.

Generally, if there is evidence, though, your school already has it, and they would probably use it to make him eligibile if they had it. Unlike Section 504 of the Rehabilitation Act, special education law (the Individuals with Disability Education Improvement Act) comes with federal money for the school. If your school is recommending an unfunded Modification Plan over a funded Individualized Education Plan, they are probably doing so because that really is best for the child.

Answer 4

Check out the following site for specific information on your state's disability laws: http://www.mainelse.org/kla/attorneys/rights/spec_ed/disabilities.htm

Basically, every child who has a condition that significantly impairs their education is eligible to receive special services under the IDEA law for special education. The site above lists the 13 catagories that qualify for special services, which includes autism. Some states are in a grey area about whether or not to provide services for children with the diagnosis of "Asperger's" instead of "autism". It depends on your specific state's qualifications. Contact a local special education attorney who can walk you through the process and explain all the nuances of the system.

Another option to look into is called a 504 Plan, that allows for modifications to the child's routine, schedule, classroom setting, etc. Qualifications are more "lax" shall we say, which allows children who have learning difficulties (learning disorders, ADHD) to have modifications they need to succeed.

Answer 5

This may be the case of the wrong label. My understanding is that the law lists certain diagnoses as being eligible for services. In the case of my son, he has always been listed as "autistic" by the school district, even though he has Asperger's. This has ensured that he gets the services he needs by falling under one of the labels covered by IDEA. One very comprehensive website that you might try is OASIS, the Online Asperger's Syndrome Information and Support network. Their address is:

www.udel.edu/bkirby/asperger

You might want to speak with the professionals who supplied the diagnosis to see if s/he can qualify under the DSM IV criteria for autism. Definitely contact an advocate! Good luck.

Answer 6

The law--Federal law (the Americans with Disabilities Act--ADA, and the Individuals with Disabilities Education Act-IDEA) require all children be given an education "in the most inclusive manner possible."

Sometimes a disability is such that a child does not require special education classes. But to the extent such classes are needed, neither they, nor any other reasonable accomodation, can legally denied. Sometimes the system for providing these supports can be inconvienient--for example, a school system might need to pool its resources for financial reasons, which might mean a long drive to and from school. But they HAVE to make the necessary accomodations for your child.

BUT--that does not mean unethical school administrators won't try to avoid doing just that. You may even encounter some who say they don't have to provide accomodations. If you run into this, don't be fooled. If you here that kind of thing, they are lying. Its as simple as that--and you should be willing to take legal action to force them to comply with the law if that's what it comes to.

Answer 7

I don't know about Maine, but there is Federal Law under which your child could qualify. Contact Asperger's organizations for more info and resources. You can find these organizations by doing an internet search or by going to a bookstore and looking in the resources section (usually in the back) of books about Asperger's. Also recommend www.schwablearning.com.

Good luck.

Answer 8

Asperger's is one of nine sub-categories that comprise the autism spectrum. Those who have Asperer's tend to be more highly funtioning than those with "autism". That being said, if the child does not display behaviors that impede his/her learning, or that of others, it is entirely possible for the team to decide that the student does not qualify for sped services at that time. The ideal placement for any child is to be with his/her peers as much as possible. If the child in question has social difficulties, as most with any form of autism do, it is not out of the question for the child to qualify for special social skills training but remain in the regular classroom. This would allow the child to work on his social goals with his peers and would be the least restrictive environment. If the child has learning disabilites, as well as the diagnosis of Asperger's, then a resource placement might be appropriate. It really depends on the specific findings of the psychological eval. and the achievement tests given as to whether learning disabilities are present. You have not given specific enough information in order for me to provide a more thorough answer.

Answer 9

I am not in Maine and don't know Maine law, but American's w/ Disabilities Act would probably frown upon that. The child has a condition w/in the Autism Spectrum and needs to receive services. I agree w/ the recommendation to find an Educational Advocate. If that doesn't work find a good lawyer!

Answer 10

If a child is diagnosed with a disability , it is required by federal law that the child receive a free and appropriate education including any and all services or accomodations the child needs to be successful in school. Here is a website that explains all your rights: www.wrightslaw.com