5 Year old Girl with Autism?

Question

My Niece has been diagnoised with Autism and was referred to come back to New Jersey. Where she was living (Missoouri) said they have great programs in NJ that can help her. Well she was told that a certain school would be where her daughter could attend and they had a program for autism. Now on the first day they sent her home and said they don;t have programs and they would do only 5 hours a week in the home. WHAT!? they also said they have to evaluate her and do an IEP in the home. I am a general education teacher going for my masters in special ed. (I have alot to learn that;s for sure) but when I was teaching kindergarten we had students being referred for autism and they did IEP(s) right in the class? Why are they keeping this 5 year old girl out of the school and keeping her "restricted"? Is this supposed to happen before they can place her in a school. She is already 5 and needs the structured educational enviroment!! How long will the keep her away from education?

I don't understand how in the home is LRE?
I thought everyone is entitled to FAPE?
Who can my sister contact in NJ to get services for her child?

Adding Details:
(This is from a doctors evaluation not my opinions but i do agree with all of them)
She is actually non agreesive she doesn;t hit bite or through tantrums when redirected.
She stims when she is excited by screamin or laughing loud
Makes eye contact when you gently force her to 9get in her face) and does show affection by a kiss or hug
Very much in her own world!!
High tolernace for pain
Not potty trained
Hmm..Repeatiative movements

Answer 1

This is what the IEP guide from the US Dept of Education says about determing placement of the child (click link below for more info about IEP's):

The placement decision is made by a group of people, including the parents and others who know about the child, what the evaluation results mean, and what types of placements are appropriate. In some states, the IEP team serves as the group making the placement decision. In other states, this decision may be made by another group of people. In all cases, the parents have the right to be members of the group that decides the educational placement of the child.

Placement decisions must be made according to IDEA's least restrictive environment requirements-commonly known as LRE. These requirements state that, to the maximum extent appropriate, children with disabilities must be educated with children who do not have disabilities.

The law also clearly states that special classes, separate schools, or other removal of children with disabilities from the regular educational environment may occur only if the nature or severity of the child's disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

What type of placements are there? Depending on the needs of the child, his or her IEP may be carried out in the regular class (with supplementary aids and services, as needed), in a special class (where every student in the class is receiving special education services for some or all of the day), in a special school, at home, in a hospital and institution, or in another setting. A school system may meet its obligation to ensure that the child has an appropriate placement available by:

*providing an appropriate program for the child on its own;

*contracting with another agency to provide an appropriate program; or

*utilizing some other mechanism or arrangement that is consistent with IDEA for providing or paying for an appropriate program for the child.

The placement group will base its decision on the IEP and which placement option is appropriate for the child. Can the child be educated in the regular classroom, with proper aids and supports? If the child cannot be educated in the regular classroom, even with appropriate aids and supports, then the placement group will talk about other placements for the child.


**About IDEA (for more info see link below)

To understand your child's rights in America's public schools, it helps to start with one of the primary laws governing the education of children with disabilities: the Individuals with Disabilities Education Act (P.L. 101-476). IDEA is a federal law that guarantees a free and appropriate public education for every child with a disability. This means that if you enroll your child in public school, his/her education should be at no cost to you and should be appropriate for his/her age, ability and developmental level. IDEA is an amended version of the Education for All Handicapped Children Act (P.L. 94-142), passed in 1975. In 1997, IDEA was reauthorized (P.L. 105-17), further defining children's rights to educational services and strengthening the role of parents in the educational planning process for their children.

Getting a copy of IDEA
Copies of the IDEA law and/or regulations are available from the Government Printing Office or may be available at your public library. Your state senator may also be able to provide you with a copy. Or you can visit the Web site of the Families and Advocates Partnership for Education (FAPE) project, run by the PACER Center and funded by the U.S. Department of Education or the IDEA Partnerships Web site at http://www.ideapractices.org/ for information on the law and its regulations.

IDEA has both statutes and regulations. The IDEA statute is the governing legislation - the language of the law, and the regulations are an explanation of how the law is to be enacted. The law explains what conditions exist; the regulations explain how these conditions are applied.

Appropriate vs. Ideal
Given the rights your child has to educational services, you must keep in mind that IDEA establishes the minimum requirements schools must provide. For states to receive federal funds, they must meet the eligibility funding criteria of IDEA. States may exceed the requirements and provide more services. They cannot, however, provide less or have state regulations or practices that contradict the guidelines of IDEA.

The federal regulations do not require states to provide an "ideal" educational program or a program the parents may feel is "best." The state must provide an appropriate educational program, one that meets the needs of the individual student.

Other Laws
Two other laws governing the educational rights of students with disabilities are the Family Educational Rights and Privacy Act of 1974 (P.L. 93-380), and Section 504 of the Rehabilitation Act of 1973, (P.L. 93-112). In brief, the Family Educational Rights and Privacy Act (FERPA) protects the privacy of a student's educational records and outlines inspection and release of information. Section 504 of the Rehabilitation Act protects the civil rights of persons with disabilities. It prohibits discrimination against a person with a disability by an agency receiving federal funds.

Placement Options
Parents need to be aware of the educational rights and the placement options available. There is not a "one size fits all" model for the education of children with disabilities. Programs that are called "autism classrooms" or "autism programs" may not provide the services and curriculum that are right for your child. Therefore, it is possible that a child with autism may not receive an appropriate education in an "autism class." The range of available placement options allows for the creation of unique educational placements for each child.

Placement options range from total inclusive settings where children with autism receive their education alongside non-disabled peers to private placement in residential programs for children with disabilities. Within that range, a wide variety of plans can be created to meet the unique needs of each student. A parent may wish to look at placement options as they currently exist for other students. By viewing current special education programs and inclusive classrooms, you'll get an idea of how other Individualized Education Plans (IEPs) have been put into practice.

Determining Placement
Determining the most appropriate placement for your child is a two-step process:

1. Determine your child's level of functioning and associated needs by requesting an evaluation or re-evaluation through the school or an independent professional(s). This evaluation should include specific recommendations for supports, educational services and levels of treatments.

2. In collaboration with your child's prospective teacher(s), service providers and school administrator; develop a well-defined and thorough IEP. Discuss the options for placement that meet the needs of your child. How does the school currently provide services for children with disabilities? Are there programs currently in place that can be modified to meet my child's needs? Using this information, you and the school together can determine your child's most appropriate placement.

Least Restrictive Environment
When faced with the challenge of selecting an appropriate placement for a child, parents and professionals need to understand the concept of "least restrictive environment" (LRE). The IDEA sets up procedural guidelines to ensure a free appropriate education in the least restrictive environment tailored to each child's individual needs.

The law begins with the assumption that, to the maximum extent possible, children with disabilities should be educated with their non-disabled peers. Once the child's needs are assessed and necessary services and supports are determined, the placement options should begin with the regular or inclusive classroom. Children with disabilities do not have to start in a more restrictive or separate class and then "earn" the right to move to a less restrictive placement. If it is found that a regular education classroom would not meet the child's needs, even with support services, then another option may be pursued. Keep in mind that the child with a disability must benefit from the placement. The child should not be "dumped" in a classroom where the child is not receiving an appropriate education.

The law specifies that educational placement should be determined individually for each child, based on that child's specific needs, not solely on the diagnosis or category. No one program or amount of services is appropriate for all children with disabilities. A safe educational environment is important for all children. School safety concerns are addressed in IDEA. Educational services cannot be withheld as a disciplinary remedy. While students with disabilities may be suspended for disciplinary concerns that would also apply to general education students, educational services must continue at all times, even when a student is expelled for behavior not associated with his disability.

*In the IEP Guide they give suggestions for ways to handle any disagreements between the school and the parents regarding the childs education.

Answer 2

Various states have differences in how they operate, so don't jump to the conclusion that NJ is ignoring the problem.

Autism doesn't really tell much. Such a child is now placed on what is called a "spectrum." That means an autistic child might be a little odd but still function in a general ed classroom or--at the other end--might need to be home schooled or whatever. The law is to provide the least restrictive educational environment while still providing for her needs.

Children with severe needs (perhaps she can't behave properly yet in a general classroom), may not be able to attend the general classroom at first. Or, they may be in a small school district that doesn't have a large enough population of similar students to warrant the expense of a special classroom and teacher. Providing in-home assistance might be a viable solution. I have never seen an IEP done in a home unless the parent was unable to attend the first one. Again, that might indicate that there is a serious problem with this child.

If she is already 5 and just now being diagnosed as Autistic, one wonders why.

And IEP is "done" or written in a meeting with the parent, gen ed teacher, sped teacher, administrator, and any others such as speech therapist or occupational therapist , school psychologist or counselor who may be involved. Perhaps you mean that the IEP goals are worked on at home or in the classroom. The IEP is written WITH the parent. The parent has the RIGHT to refuse to sign it or to appeal if it is not what they believe is in the child's best interests. If you do, be prepared to defend your decision.

Your sister can find out more from the state special ed office, usually connected with the State Superintendent of Schools

Answer 3

They have no right not allowing her in school! My daughter is severely disabled with an autistic disorder (Rett Syndrome) and the home care only went up to 3 yrs old. At 3 she was given an IEP and then started school in a special class. We had the option of putting her in the autistic class but her disabilities are too involved. If your niece's parents choose, they have a right to have her in a regular classroom or autistic classroom. I think the problem in this situation is that she does not already have an IEP prior to entering the school. In the IEP, the parents can say exactly what they want for her and which classroom, etc. But she was probably not allowed in the class without that IEP and are offering the home program until the IEP is signed. It works that way here too.

Answer 4

WOW! That is horrible! My son will be six in Nov. he has ASD also. I could not imagine having to move to get treatment. Every state has different programs but every school district does also. Depending on the types of problems she is having there would be different programs but being five I would say she should be in a classroom setting. My son had home sessions and speech therapy during the summer. But also went to pre-school for two years (with an aide) and attended a special program for autistic children this summer with seven others (4-8years) he started kindergarten this week and has a personal aide (at the school districts expense) I would say there has got to be something more in your area. You just have to talk to the right people. Look in to the ESD in your area, talk to the superintendent of you school, support groups, the Internet ASD support sites should be able to point to someone local. The Rehabilitation Act of 1973 Section 504 states " It is the policy of the board of education to provide a free and appropriate public education to each handicapped student within its jurisdiction, regardless of the nature or the severity of the handicap. My sons first IEPs were held in the Education service District building with 4 or 5 people from the school system present now we usually have them at the school he is attending. Good luck! If I can help feel free to email me [e-mail]

Answer 5

At certain times, the school system can decide that the FAPE can be best served at home.

The first question that I would ask myself is she eligible to go to kindergarten? If so, they need to provide extra evidence that her LRE is at home. They don't have any data...so what do they plan on using??? They have to accomodate her even if they provide busing to a school across town...now that's perfectly legal. They don't have to accomodate her in the neighborhood school, if she needs a self-contained classroom, for instance. My first thing to do would be go down to the Special Education Superintendent's door Monday AM. Bring all the paperwork you have and a pen/paper. If possible, have your sister write a one-page description of what happened on the first day of school with as many names or positions as possible. **Also ask for the Parent's Rights Handbook.

There are special situations where the child could be given a temporary placement while a full evaluation is being completed (90 days max, usually).

If the superintendent supports the home placement, ask them who it would be best for your attorney (cause you plan to hire one immediately) to call to set-up a formal review of the IEP meeting. Just don't show up...the school's not bound to carry through with a meeting after an attorney is shows up. It's not worth your money or anyone's time.

Answer 6

This means to me that the school can't seem to handle her but they can't kick her out because then they would be breaking the law of education. A special ed teacher and my Moms friend told me that every student with a disability is entitled to an equal education. Well that ain't equal by doing it that way. The school doesn't want her at all but they can't kick her out of the school so they are trying to rid of her so that is where the home comes in. I would personally pull her out and her her in a different school or take the school to court because they are violating some laws. There are laws about people having a disability. But I am kind of surprised that a girl has autism because usually it's guys who have it. Girls are less likely to have it but remember that in the near future people will do something more about autism because it's rising and it's the fastest 1 out of 166 disability of autism then before when 10 years ago it was 1 in 10,000. I would go see someone who has knowledge about autism/disabilites and someone who has knowledge about the law. Plus someone who is a teacher. Don't and do not have someone from that school help you. It much better to have outside people because then they would be on the team of the school that says your girl must stay home.

Answer 7

maybe i missed something so forgive me. a child with special needs must be evaluated by the district as early as possible. my son was at 3 and i felt that was even late based on some of his actions. she should have been receiving services from a young age and had an IEP done before kindergarden entry. i am on long island and we dont do iep in the classroom. its a long process and there are many people involved. i dont know if its convienent for you from where in NJ you are but you should check out the Cody Center at Stony Brook University. Best of luck and lots of love.

Answer 8

She is five years old and is school age. The school district has to find a place for her in the school. An IEP must be written and the mother needs to find an advocate to go with her. Have her research for resources in NJ and contact someone who is familiar with programs in NJ. An advocate would be her best resource at this time. I am an autism advocate in Pennsylvania, but am not able to help in NJ.

Answer 9

My 3 year old has an IEP and goes to school full day. Now they do have to provide her services, but they don't have to be in school, they can be in the home. Last year my son was in a special needs class, but they seperated him this year and have put him in a headstart class and he is pulled out for speech and other programs each day. I would get in touch with the local chapter of your autism org and see what they know. Hope that helps

Answer 10

how severe is she. autism has different levels and the most sever cases can not be helped at school environments and could cause the child more mental anguise then they can handle. My son is on the mild medium and has to have the structure of school.
Talk to the district and find out why they do this to her. i live in neenah Wisconsin and they have an awesome program for autistic kids

Answer 11

I personally am not autistic - I have aspergers syndrome - but I do go to a school with a lot of autistic people. We're all given IEPs in the school, and most of them are completely pointless. We all do 30 lessons a week, and all in all it's just normal.

I go to school in england, so I don't know if the education system in america is different, but you should certianly talk to the school about this. Do you know why they don't want her at school?

All in all, i'm pretty clueless about this, but that's all I know. I hope It helped.

- Rob