UNIT 6 CH 3 – Where to Look for Resources?
CHAPTER 3 – LAW FEDERAL, STATE, & LOCAL
INTRODUCTION
INDIVIDUALIZED EDUCATION PROGRAM (IEP)
SOME ABC’S OF IEP’S
APPENDIX A Due Process Hearing
UNIT 6 CH 4 – Where to Look for Resources?
CHAPTER 4 – FAMILY LAW
AUTISM EDUCATION
ANTI-BULLYING POLICIES
APPENDIX A Section 504 Plan
UNIT 6 CHAPTER 3 – LAW FEDERAL & STATE & LOCAL
INTRODUCTION
The Law, Court Systems, and an Autism Spectrum Disorder diagnosis from the American Psychiatric Association (APA) Diagnostic and Statistical Manual of Mental Disorders (DSM) involves considerations which include many characteristics. These aspects may be comprised of regional and clinical areas, insurance coverage qualifications and limitations, family financial standings, age groups, severity of diagnoses; plus, the opportunity to select a variety of instructional, therapeutic ‘treatment’ and ‘intervention’ programs.
State and Federal governments have introduced and maintained laws in many areas. Some of them are –
Burke, M., & Goldman, S. (2015) believe that in the United States, embedded within the Individuals with Disabilities Education Act (IDEA), there are procedural safeguards to protect the rights of children with disabilities to access free and appropriate education (FAPE). Through FAPE, parents and school districts can use these safeguards to both mediate and initiate ‘Due Process’. If the parents and the school cannot resolve their disagreement then parents may use ‘Due Process’ under this law.
They say that, for instance, when parents become frustrated with the school district’s choice of settings and type of instruction for their child, they may choose to disagree with the school by using ‘due process’. Many parents resort to this procedure when learning that the school has placed their child in a segregated classroom setting (special education), as opposed to an inclusive setting (general education).
< My Thoughts > “…choice of settings and type of instruction…”
Most of the issues causing frustration for parents can be about how Special Education Services are delivered. Many parents believe their child can be very successful with the appropriate support within a ‘fully’ integrated classroom setting; some call this the ‘Inclusion’ Model. While others feel that their child should receive services in a ‘sheltered’ Special Education setting (Resource Room), in public school. There are many ways to approach educating a child with special needs; some school districts educate these students on completely separate campuses.
Plus, the frustration parents may face, Burke & Goldman (2015) believe that the process can become quite costly. They offer that in some states, but not all, there are pro-bono attorneys who will assist the families engage in ‘due process'. If they cannot find support or pro-bono services from attorneys who will help them, every state has a Protection and Advocacy (P & A) agency to assist at a reduced cost.
< My Thoughts > “…attorneys who will assist the families…”
It has been my experience that in smaller towns, attorneys may not wish to challenge the school district for many reasons. Therefore, parents who disagree with school placement decisions, often must weigh the possible financial burden of proceeding with ‘due process hearing’ on their own. Some parents chose to petition placement of their child in a different school district, instead. This may require the family to provide their own transportation for their child, to and from school.
The authors state also that the Protection & Advocate (P & A) agencies are federally funded to assist families of students with disabilities. Also, helpful may be the National Council on Disability (NCD) when helping to identify or encourage attorneys to become involved in the disability rights arena.
Laurence, B. (2018) lets us know that a child must qualify for Special Education in order to be included in certain programs. The Individuals with Disabilities Education Act (IDEA), a law ensuring services to children with disabilities, includes autism in its list of disabilities that it benefits and protects. However, just having autism is not enough to qualify a child for special education services, nor an IEP. There must be evidence that your child’s autism or ASD negatively affects his or her educational performance. There are also several additional laws which protect or provide benefits for children with autism.
When considering educational placement in any school, public or private, be sure your child will receive a type of individualized service to meet his or her changing and ongoing needs.
< My Thoughts > “…educational placement…”
First, parents can educate themselves about what to expect when entering the ‘world of the school system’, whether public or private. Or, how to decide if you might want to ‘Homeschool’ your child until an appropriate placement opens up.
Note: See APPENDIX A Due Process Hearing
INTRODUCTION
The Law, Court Systems, and an Autism Spectrum Disorder diagnosis from the American Psychiatric Association (APA) Diagnostic and Statistical Manual of Mental Disorders (DSM) involves considerations which include many characteristics. These aspects may be comprised of regional and clinical areas, insurance coverage qualifications and limitations, family financial standings, age groups, severity of diagnoses; plus, the opportunity to select a variety of instructional, therapeutic ‘treatment’ and ‘intervention’ programs.
State and Federal governments have introduced and maintained laws in many areas. Some of them are –
- Food & Drug Administration (FDA)Scheduled drugs which require close monitoring for use & abuse; approved & unapproved cannabis-derived medication. Monitors claims about food & drugs for consumers.
- Drug Enforcement (DEA)
- Governing Fetal Stem Cell Transplants
- Pharmaceuticals (including Medical Cannabis) & Insurance
- Education & Habilitation
- Employment & Support
- Offender Laws & Forensic Issues for the Courts
Burke, M., & Goldman, S. (2015) believe that in the United States, embedded within the Individuals with Disabilities Education Act (IDEA), there are procedural safeguards to protect the rights of children with disabilities to access free and appropriate education (FAPE). Through FAPE, parents and school districts can use these safeguards to both mediate and initiate ‘Due Process’. If the parents and the school cannot resolve their disagreement then parents may use ‘Due Process’ under this law.
They say that, for instance, when parents become frustrated with the school district’s choice of settings and type of instruction for their child, they may choose to disagree with the school by using ‘due process’. Many parents resort to this procedure when learning that the school has placed their child in a segregated classroom setting (special education), as opposed to an inclusive setting (general education).
< My Thoughts > “…choice of settings and type of instruction…”
Most of the issues causing frustration for parents can be about how Special Education Services are delivered. Many parents believe their child can be very successful with the appropriate support within a ‘fully’ integrated classroom setting; some call this the ‘Inclusion’ Model. While others feel that their child should receive services in a ‘sheltered’ Special Education setting (Resource Room), in public school. There are many ways to approach educating a child with special needs; some school districts educate these students on completely separate campuses.
Plus, the frustration parents may face, Burke & Goldman (2015) believe that the process can become quite costly. They offer that in some states, but not all, there are pro-bono attorneys who will assist the families engage in ‘due process'. If they cannot find support or pro-bono services from attorneys who will help them, every state has a Protection and Advocacy (P & A) agency to assist at a reduced cost.
< My Thoughts > “…attorneys who will assist the families…”
It has been my experience that in smaller towns, attorneys may not wish to challenge the school district for many reasons. Therefore, parents who disagree with school placement decisions, often must weigh the possible financial burden of proceeding with ‘due process hearing’ on their own. Some parents chose to petition placement of their child in a different school district, instead. This may require the family to provide their own transportation for their child, to and from school.
The authors state also that the Protection & Advocate (P & A) agencies are federally funded to assist families of students with disabilities. Also, helpful may be the National Council on Disability (NCD) when helping to identify or encourage attorneys to become involved in the disability rights arena.
Laurence, B. (2018) lets us know that a child must qualify for Special Education in order to be included in certain programs. The Individuals with Disabilities Education Act (IDEA), a law ensuring services to children with disabilities, includes autism in its list of disabilities that it benefits and protects. However, just having autism is not enough to qualify a child for special education services, nor an IEP. There must be evidence that your child’s autism or ASD negatively affects his or her educational performance. There are also several additional laws which protect or provide benefits for children with autism.
When considering educational placement in any school, public or private, be sure your child will receive a type of individualized service to meet his or her changing and ongoing needs.
< My Thoughts > “…educational placement…”
First, parents can educate themselves about what to expect when entering the ‘world of the school system’, whether public or private. Or, how to decide if you might want to ‘Homeschool’ your child until an appropriate placement opens up.
Note: See APPENDIX A Due Process Hearing
INDIVIDUALIZED EDUCATION PLANS (IEP)
The United States Department of Education Individuals with Disabilities Education Act (IDEA), is a law ensuring services to children with disabilities. This law includes ‘autism spectrum disorder’ (ASD), in its list of disabilities which benefit from the protection of the IDEA law. However, just having autism is not enough to qualify for state public school special education services nor for an Individualized Education Plan (IEP).
The six principles of and IEP –
1. Free & Appropriate Public Education (FAPE) for each child as ‘disability’ approved.
2. An appropriate evaluation, before determined eligible to receive an Individualized Education Program (IEP).
3. An Individualized Education Program (IEP) is a written statement of a child’s need for disability accommodations and modifications for education.
4. A Least Restrictive Environment (LRE) setting is where this IEP will provide for the child.
5. Parents and students will have appropriate notification, plus the opportunity to provide advice and consent, regarding the child’s IEP.
6. A copy of IEP Procedural Safeguards will be presented and received, yearly to parents and student.
The Individuals with Disabilities Education Act (IDEA), along with Section 504 of the Civil Rights Rehabilitation Act, and the Americans with Disabilities Act (ADA), provide for exceptional needs and/or services. For instance, an ‘exceptional need’ might be that the child may require a service animal to accompany them to school. According to ADA, tethered and trained service dogs are allowed to accompany the person with a disability into public schools, including where food is served. But these animals may be legally prohibited from sterile settings such as hospitals, surgery centers, school nurse’s offices, etc. Check www.ADA.gov for specific information.
Note: More about all ‘disability’ laws regarding disability services and public education on local, state, and government websites.
Waterstone, M. (2014) advises us that the purposes of provisions in the Americans with Disabilities Act (ADA) law are to ensure that each person with a disability has every opportunity to become a full member of society.
Horoupian, G. (2011) quotes the Americans with Disabilities Act’s (ADA) mandate allowing use of service animals to assist handicapped in public schools; plus, access to community settings, including –
Effective March 15, 2011, the types of animals are limited to animals which provide –
This regulation makes it clear that the animal must provide work or tasks under the definition of a service animal; not just for well-being comfort or companionship.
Prior to this, Finkel, E. (2010) wrote that the law in Illinois was ‘fuzzy’ when it came to ‘service dogs’ in the school classroom. In addition, he reported the school district’s attorney as saying that having a dog in the classroom has safety issues, and is a distraction for others. “It’s potentially disruptive for us. We don’t feel that it is necessary for the student’s success.” The court, however, ruled in favor of the family.
Note: More about Dog Assisted Therapy in Unit 7 – 4 Complementary & alternative Medicine (CAMs); Section 4, PART 1: 2. Animal Assisted Therapy, a. Dog Assisted Therapy.
Yell, M., Katsiyannis, M., et al. (2003). say that the Individuals with Disabilities Education Act (IDEA) is the primary law that is invoked when parents are trying to access services of their qualified family members from age 3 to age 21, for educational needs. It includes Family Educational Rights & Privacy Act (FERPA) and Least Restrictive Environment (LRE). There are procedural safeguards in place, and families of children and adults with autism may need legal help to navigate the system when attempting to gain access to these and other necessary programs.
They go on to say that parents often encounter unanticipated challenges in their efforts to find optimal treatment and educational placement for their disabled child. One of the most difficult obstacles involves dealing with the legal aspects, such as the wording of the student’s Individualized Educational Plan (IEP).
Staff Writer (2018) states that – As a parent, you are an equal member of the IEP team and an expert on you child. If you have questions or concerns, speak up.
Ideally, you child needs a well written plan to be developed within the first weeks of school. For your part – provide all the data you have regarding your child. It would help to have a cover letter to request a meeting so that you can better understand how your child will be received.
Before you go to that meeting, have some idea what you think that your child will require, in order to benefit from all the school has to offer. There are three main documents which may be designed to meet your child’s needs. An Individualized Educational Plan (IEP), a 504 Plan, and an Individual Health Care Plan (IHCP). And, make certain you receive and read a current Procedural Safeguards booklet.
Briefly, for children with disabilities, an IEP provides specialized instruction and accommodations. The 504 Plan provides accommodations, but not specialized instruction. The IHCP would provide the student with access to the nurse’s office for medication, or other health care services.
Note: Please see APPENDIX A - Section 504 Plan
< My Thoughts > “…Individualized Educational Plan (IEP)…”
From the desk of Sara Luker, Special Education Teacher of Record – an excerpt from a middle school student’s IEP (SANDRA is a fictitious name).
An IEP’s justification statements for placing a child into a Special Education Program could look like this –
SANDRA needs specialized instruction, accommodation, and modification in math, reading and writing curriculums; despite modifications within the general education environment.
She is unable to produce work to the standard, and in the time required, in the general education curriculum of math, reading and writing classes.
She benefits from acquisition of basic skills in math, reading and writing, with specialized materials and methods aligned at her instructional level.
She functions at an instructional level below that of her peers and as a result can experience negative, exclusionary social interactions regarding her social and academic performance.
Her need for intensive basic skills in math, reading and writing would disrupt the delivery of general curricular instruction to others. She would receive a portion of her daily instruction in a resource room specialized setting.
The only known harmful effects to this educational plan would be decreased time with general education peers and possible reduced exposure to the general education curriculum.
Understood Team (2019) explains that the ‘IEP Team’ is collective group of individuals qualified to interpret data and help to develop your child’s IEP. Members include, but not exclusive to –
If desired –
Each team member may contribute, present and interpret evaluation data about the child. Compiling this information helps the parent, child, and other team members understand the child’s strengths, as well as their necessary areas of focus. Most areas of focus are those in mathematics, reading, and writing. Depending on the student’s grade level, other areas may be ‘behavior’, and/or assistance, accommodation, and modification for studying, homework, and note taking.
< My Thoughts > “…necessary areas of focus.”
For my middle school students, there was an additional IEP provision allowing them access to the Resource Room, at any time; before/after school, and any ‘time of need’, during the school day. This allowed them to come to us for test taking assistance. Often times, they needed to dictate or type out answers to ‘Essay Answer’ questions.
Staff Writer (2017) says that part of a student’s IEP requires that a written statement of the child’s disability and how it affects his/her functioning in an academic setting. According to Section 300.320 (a) of IDEA, this statement must be a complete description, as to the need for a portion of daily instruction, to take place in a specialized setting.
< My Thoughts > “…a portion daily instruction…”
A student’s IEP contains 15-20 pages of information and documentation. Each section of the IEP is equally important. In the first statements, there must be written proof of the ‘justification’ for spending a portion of daily instruction in a ‘specialized setting’. Thus, a reasonable explanation for spending part of their instructional day, removed from his/her ‘general education’ teachers and peers.
The Special Education Teacher of Record, gathers data and documentation to create a ‘word snapshot’ of the student, as seen by all those involved with him/her. This ‘team’ contributes to, develops, and presents the IEP document to the parents for their approval. The parents are part of the ‘team’ and must be in full agreement as to the implementation of their child’s IEP before any school placement can proceed. Therefore, they are also encouraged to provide additional information. For instance, data, or any documentation of the child’s progress or completion of programs, therapies, and/or outside services.
Watson, M. (2019) wants parents to know that, according to the Individual with Disability Education Act (IDEA) their child’s educational setting must be stipulated. For example, they may receive a portion of their academics in a ‘Resource Room’ setting. This is a ‘separate space’ on the school campus where a child with ‘special needs’ can receive alternative instruction, according to their Individualized Educational Plan (IEP) goals. While other special education students may spend a portion of their day in a less restrictive environment (LRE); such as, along with nondisabled peers in a general education classroom setting.
< My Thoughts > “…‘Resource Room’…”
“SANDRA will spend 45% of her day in Resource Room.” Parents may see the ‘portion of their child’s day represented by percentage. For instance, she will receive 15% of the school day in Resource Room for specialized mathematics. And so on – 15% of the time for reading, and 15% of the time for writing instruction.
Besides receiving special instruction in Resource Room, this is a place where students may come to have assistance with classwork, assignments, and homework. This is also a place for keeping specialized notes, notebooks, and other items which will help them throughout their academic day. As an example, one student kept all of his math notes from previous year’s classes, in the Resource Room for ready reference. Another student found it less stressful to have a personal locker in the room, instead of in the school hallway.
Yell, M., Katsiyannis, M., et al. (2003) contend that the placement issue that has proven to be the most controversial and one of the most frequently litigated is the Least Restrictive Environment (LRE) requirement part of IDEA (Individuals with Disabilities Education Act).
< My Thoughts > “…IDEA.”
The Individuals with Disabilities Education Act (IDEA), has two fundamental educational requirements – Every child will receive a Free & Appropriate Public Education (FAPE), in a Least Restrictive Environment (LRE). Many in the ‘educational world’ refer to LRE (also called 'LEA')
as ‘mainstreaming’ the child. Or, educating him/her with non-disabled peers, in the regular classroom; often with some level of support.
The LRE mandate requires that students with disabilities receive their education in the general education classroom, to the maximum extent appropriate. Or, when the general education setting is not appropriate, in a setting with the least amount of segregation from a student's nondisabled peers.
Foley‐Nicpon, M. & Assouline, S. (2014) clarify that having accommodations for a ‘disability’ in an academic setting is typically based on federal legislation, such as the 1990 Federal Education Law – Individuals with Disabilities Education Act (IDEA), which include students identified with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), and Specific Learning Disabilities (SLD). Twice-Exceptional (T-E) students can be verbal or non-verbal, but show exceptional reasoning abilities and may have high performance skills in math and/or reading.
These same students most often have difficulties with personal characteristics, but have increased success in a supportive environment where there needs are accommodated. And where many of their other classmates will have come from an Advanced Placement (AP), college-like course curriculum.
Hinds, M. (2014) holds the belief that children with autism do not find the same things rewarding that a typical child might. Using something that an individual child enjoys to reward their behavior seems obvious, but it is not always easy to identify what those things may be.
Children live in two worlds; home and school, with restricted interests in both. At home, Ryan always had me and the rest of his family to guide and protect him. We weren’t there to help him at school. if you want to be a successful advocate for your child at school, you have to become familiar with their IEP (Individualized Educational Plan).
< My Thoughts > “…at school…”
As well as the traditional parts of their IEP, another way to advocate for your child at school, is to make certain that it includes ‘understood’ assurances. Such as the underpinnings of the 2001 No Child Left Behind (NCLB) law provisions.
My extended thoughts about your child’s school experience expectations would be –
If you find that you cannot ‘expect’ these things, then you have the right to ‘request’ them. An extension of that would be to see which ‘elective’ classes most general education students are being offered. Decide if any of those classes would benefit, or be of interest to your child.
The United States Department of Education Individuals with Disabilities Education Act (IDEA), is a law ensuring services to children with disabilities. This law includes ‘autism spectrum disorder’ (ASD), in its list of disabilities which benefit from the protection of the IDEA law. However, just having autism is not enough to qualify for state public school special education services nor for an Individualized Education Plan (IEP).
The six principles of and IEP –
1. Free & Appropriate Public Education (FAPE) for each child as ‘disability’ approved.
2. An appropriate evaluation, before determined eligible to receive an Individualized Education Program (IEP).
3. An Individualized Education Program (IEP) is a written statement of a child’s need for disability accommodations and modifications for education.
4. A Least Restrictive Environment (LRE) setting is where this IEP will provide for the child.
5. Parents and students will have appropriate notification, plus the opportunity to provide advice and consent, regarding the child’s IEP.
6. A copy of IEP Procedural Safeguards will be presented and received, yearly to parents and student.
The Individuals with Disabilities Education Act (IDEA), along with Section 504 of the Civil Rights Rehabilitation Act, and the Americans with Disabilities Act (ADA), provide for exceptional needs and/or services. For instance, an ‘exceptional need’ might be that the child may require a service animal to accompany them to school. According to ADA, tethered and trained service dogs are allowed to accompany the person with a disability into public schools, including where food is served. But these animals may be legally prohibited from sterile settings such as hospitals, surgery centers, school nurse’s offices, etc. Check www.ADA.gov for specific information.
Note: More about all ‘disability’ laws regarding disability services and public education on local, state, and government websites.
Waterstone, M. (2014) advises us that the purposes of provisions in the Americans with Disabilities Act (ADA) law are to ensure that each person with a disability has every opportunity to become a full member of society.
Horoupian, G. (2011) quotes the Americans with Disabilities Act’s (ADA) mandate allowing use of service animals to assist handicapped in public schools; plus, access to community settings, including –
- Restaurants
- Hotels
- Retail establishments
- Theaters,
- Concert halls
Effective March 15, 2011, the types of animals are limited to animals which provide –
- Assisting during a seizure
- Alerting to allergens
- Retrieving medicine or phone
- Providing physical support & stability for those with mobility impairments
- Preventing or interrupting impulsive or destructive behavior
- Pulling a wheelchair
- Assisting sight-impaired persons
This regulation makes it clear that the animal must provide work or tasks under the definition of a service animal; not just for well-being comfort or companionship.
Prior to this, Finkel, E. (2010) wrote that the law in Illinois was ‘fuzzy’ when it came to ‘service dogs’ in the school classroom. In addition, he reported the school district’s attorney as saying that having a dog in the classroom has safety issues, and is a distraction for others. “It’s potentially disruptive for us. We don’t feel that it is necessary for the student’s success.” The court, however, ruled in favor of the family.
Note: More about Dog Assisted Therapy in Unit 7 – 4 Complementary & alternative Medicine (CAMs); Section 4, PART 1: 2. Animal Assisted Therapy, a. Dog Assisted Therapy.
Yell, M., Katsiyannis, M., et al. (2003). say that the Individuals with Disabilities Education Act (IDEA) is the primary law that is invoked when parents are trying to access services of their qualified family members from age 3 to age 21, for educational needs. It includes Family Educational Rights & Privacy Act (FERPA) and Least Restrictive Environment (LRE). There are procedural safeguards in place, and families of children and adults with autism may need legal help to navigate the system when attempting to gain access to these and other necessary programs.
They go on to say that parents often encounter unanticipated challenges in their efforts to find optimal treatment and educational placement for their disabled child. One of the most difficult obstacles involves dealing with the legal aspects, such as the wording of the student’s Individualized Educational Plan (IEP).
Staff Writer (2018) states that – As a parent, you are an equal member of the IEP team and an expert on you child. If you have questions or concerns, speak up.
Ideally, you child needs a well written plan to be developed within the first weeks of school. For your part – provide all the data you have regarding your child. It would help to have a cover letter to request a meeting so that you can better understand how your child will be received.
Before you go to that meeting, have some idea what you think that your child will require, in order to benefit from all the school has to offer. There are three main documents which may be designed to meet your child’s needs. An Individualized Educational Plan (IEP), a 504 Plan, and an Individual Health Care Plan (IHCP). And, make certain you receive and read a current Procedural Safeguards booklet.
Briefly, for children with disabilities, an IEP provides specialized instruction and accommodations. The 504 Plan provides accommodations, but not specialized instruction. The IHCP would provide the student with access to the nurse’s office for medication, or other health care services.
Note: Please see APPENDIX A - Section 504 Plan
< My Thoughts > “…Individualized Educational Plan (IEP)…”
From the desk of Sara Luker, Special Education Teacher of Record – an excerpt from a middle school student’s IEP (SANDRA is a fictitious name).
An IEP’s justification statements for placing a child into a Special Education Program could look like this –
SANDRA needs specialized instruction, accommodation, and modification in math, reading and writing curriculums; despite modifications within the general education environment.
She is unable to produce work to the standard, and in the time required, in the general education curriculum of math, reading and writing classes.
She benefits from acquisition of basic skills in math, reading and writing, with specialized materials and methods aligned at her instructional level.
She functions at an instructional level below that of her peers and as a result can experience negative, exclusionary social interactions regarding her social and academic performance.
Her need for intensive basic skills in math, reading and writing would disrupt the delivery of general curricular instruction to others. She would receive a portion of her daily instruction in a resource room specialized setting.
The only known harmful effects to this educational plan would be decreased time with general education peers and possible reduced exposure to the general education curriculum.
Understood Team (2019) explains that the ‘IEP Team’ is collective group of individuals qualified to interpret data and help to develop your child’s IEP. Members include, but not exclusive to –
- Child’s parent(s)
- Special Education Teacher(s)
- General Education Teacher(s)
- School psychologist
- School Administrator (or representative)
If desired –
- Child/student
- School therapist (physical, occupational, speech, etc.)
- Parent/child advocate
- Parent friend/relative
- Language interpreter
Each team member may contribute, present and interpret evaluation data about the child. Compiling this information helps the parent, child, and other team members understand the child’s strengths, as well as their necessary areas of focus. Most areas of focus are those in mathematics, reading, and writing. Depending on the student’s grade level, other areas may be ‘behavior’, and/or assistance, accommodation, and modification for studying, homework, and note taking.
< My Thoughts > “…necessary areas of focus.”
For my middle school students, there was an additional IEP provision allowing them access to the Resource Room, at any time; before/after school, and any ‘time of need’, during the school day. This allowed them to come to us for test taking assistance. Often times, they needed to dictate or type out answers to ‘Essay Answer’ questions.
Staff Writer (2017) says that part of a student’s IEP requires that a written statement of the child’s disability and how it affects his/her functioning in an academic setting. According to Section 300.320 (a) of IDEA, this statement must be a complete description, as to the need for a portion of daily instruction, to take place in a specialized setting.
< My Thoughts > “…a portion daily instruction…”
A student’s IEP contains 15-20 pages of information and documentation. Each section of the IEP is equally important. In the first statements, there must be written proof of the ‘justification’ for spending a portion of daily instruction in a ‘specialized setting’. Thus, a reasonable explanation for spending part of their instructional day, removed from his/her ‘general education’ teachers and peers.
The Special Education Teacher of Record, gathers data and documentation to create a ‘word snapshot’ of the student, as seen by all those involved with him/her. This ‘team’ contributes to, develops, and presents the IEP document to the parents for their approval. The parents are part of the ‘team’ and must be in full agreement as to the implementation of their child’s IEP before any school placement can proceed. Therefore, they are also encouraged to provide additional information. For instance, data, or any documentation of the child’s progress or completion of programs, therapies, and/or outside services.
Watson, M. (2019) wants parents to know that, according to the Individual with Disability Education Act (IDEA) their child’s educational setting must be stipulated. For example, they may receive a portion of their academics in a ‘Resource Room’ setting. This is a ‘separate space’ on the school campus where a child with ‘special needs’ can receive alternative instruction, according to their Individualized Educational Plan (IEP) goals. While other special education students may spend a portion of their day in a less restrictive environment (LRE); such as, along with nondisabled peers in a general education classroom setting.
< My Thoughts > “…‘Resource Room’…”
“SANDRA will spend 45% of her day in Resource Room.” Parents may see the ‘portion of their child’s day represented by percentage. For instance, she will receive 15% of the school day in Resource Room for specialized mathematics. And so on – 15% of the time for reading, and 15% of the time for writing instruction.
Besides receiving special instruction in Resource Room, this is a place where students may come to have assistance with classwork, assignments, and homework. This is also a place for keeping specialized notes, notebooks, and other items which will help them throughout their academic day. As an example, one student kept all of his math notes from previous year’s classes, in the Resource Room for ready reference. Another student found it less stressful to have a personal locker in the room, instead of in the school hallway.
Yell, M., Katsiyannis, M., et al. (2003) contend that the placement issue that has proven to be the most controversial and one of the most frequently litigated is the Least Restrictive Environment (LRE) requirement part of IDEA (Individuals with Disabilities Education Act).
< My Thoughts > “…IDEA.”
The Individuals with Disabilities Education Act (IDEA), has two fundamental educational requirements – Every child will receive a Free & Appropriate Public Education (FAPE), in a Least Restrictive Environment (LRE). Many in the ‘educational world’ refer to LRE (also called 'LEA')
as ‘mainstreaming’ the child. Or, educating him/her with non-disabled peers, in the regular classroom; often with some level of support.
The LRE mandate requires that students with disabilities receive their education in the general education classroom, to the maximum extent appropriate. Or, when the general education setting is not appropriate, in a setting with the least amount of segregation from a student's nondisabled peers.
Foley‐Nicpon, M. & Assouline, S. (2014) clarify that having accommodations for a ‘disability’ in an academic setting is typically based on federal legislation, such as the 1990 Federal Education Law – Individuals with Disabilities Education Act (IDEA), which include students identified with Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), and Specific Learning Disabilities (SLD). Twice-Exceptional (T-E) students can be verbal or non-verbal, but show exceptional reasoning abilities and may have high performance skills in math and/or reading.
These same students most often have difficulties with personal characteristics, but have increased success in a supportive environment where there needs are accommodated. And where many of their other classmates will have come from an Advanced Placement (AP), college-like course curriculum.
Hinds, M. (2014) holds the belief that children with autism do not find the same things rewarding that a typical child might. Using something that an individual child enjoys to reward their behavior seems obvious, but it is not always easy to identify what those things may be.
Children live in two worlds; home and school, with restricted interests in both. At home, Ryan always had me and the rest of his family to guide and protect him. We weren’t there to help him at school. if you want to be a successful advocate for your child at school, you have to become familiar with their IEP (Individualized Educational Plan).
< My Thoughts > “…at school…”
As well as the traditional parts of their IEP, another way to advocate for your child at school, is to make certain that it includes ‘understood’ assurances. Such as the underpinnings of the 2001 No Child Left Behind (NCLB) law provisions.
My extended thoughts about your child’s school experience expectations would be –
- Expect gender equality…for bathroom use, shower and dressing accommodations for physical education classes.
- Expect nutritional food…choices, and a safe place to eat.
- Expect a healthy environment…in all places on the school campus.
- Expect assured safety and security…in all places on the school campus.
- Expect an opportunity for lifelong learning…availability of ‘elective’ career & technology classes.
If you find that you cannot ‘expect’ these things, then you have the right to ‘request’ them. An extension of that would be to see which ‘elective’ classes most general education students are being offered. Decide if any of those classes would benefit, or be of interest to your child.
Greer, M. (2005) writes that the Individuals with Disabilities Education Act (IDEA) guarantees to all school-age children with learning disabilities (including autism) a free and appropriate public education (FAPE). There is a 1991 Act addendum which extends that guarantee to preschool children as well.
IDEA also requires that school districts draw up an Individualized Educational Program (IEP) for every child in special education. Parents, school psychologists, school administrators and teachers meet to ‘hammer out’ the IEP. This document specifies the student's educational goals, and the services that the school district will pay for; anything from treatment in a hospital-affiliated autism clinic to placement in the school district's program.
< My Thoughts > “…’hammer out’ the IEP…”
In my experience, as both a Special Education teacher and the parent of a special education student, those most likely to develop (‘hammer out’) the IEP would be the school psychologist, school administrator, both Special Education and General Education teachers.
The parents are an integral part of the IEP team, but not always part of the development. Parents are asked to agree to the IEP, upon the conclusion of the meeting. Of course, there will be a discussion as to IEP content, often times a very heated discussion between parents and the ‘school team’. During this meeting, parents are allowed to, but seldom take advantage of, bringing an advocate or other representatives along to help sort out any disagreements.
Greer, M. continues with what ‘parents want’ and what ‘school districts are willing to provide’ sometimes (often) doesn't match up. To understand why, “consider the philosophy behind special education,” says the American Psychological Association's assistant executive director for policy and advocacy in the schools. Under the IDEA law, he explains, schools are required to give students the opportunity to make educational progress, but the law does NOT require them to educate students to the child’s absolute highest level or maximize their potential.
Some autism treatment programs require more than 40 hours per week of one-on-one work between a child and a trained therapist, which can cost between $40,000 and $80,000 per year. Many school districts argue that such expensive services are not necessary for a child's education, let alone affordable.
Indeed, individual school districts must pay for any services included in a student's IEP. We hear – "Of course parents want what's best for their children, and school officials’ careers are dedicated to providing education." But it can be difficult to make the ideal program match the reality.
< My Thoughts > “…it can be difficult to make the ideal program match the reality.”
This 2005 statement, in many cases, still holds true today. Parents want the best for their children, and educators want the best for their students. One of the ways to have ‘special’ programs match the reality is by promoting ‘flexibility’ throughout the goal setting and goal reaching process. Another, would be to make certain that ‘goals’ are defined as ‘short term’ and/or ‘long term’ goals. Plus, determine if goals are being met, by requesting follow-up ‘progress’ meetings, long before the 1-year IEP Review date.
There can be several ‘IEP Review/Revision’ meetings, during the long IEP year. To guarantee this, parents may ask for ‘revision’ meetings to be written into the initial document. An advantage of a follow-up/revision meeting for instance, could be adding a ‘Behavior Intervention Plan’(BIP) to an annual IEP. These new behavior goals helped one student understand his behavior, and understand teacher expectations; when he is transitioning to and from certain settings.
Hinds, M. (2014) has an intense focus to fix her son Ryan’s autism. She shares that sometimes it made me less than sensitive to any needs the teachers might have that were not centered on my son. Past experience had taught me that great credentials didn’t guarantee a person would know how to work with my son.
His second-grade teacher did not make much progress that year. She just wanted him to be the best little autistic boy he could be. She had no expectation for him to act like typical kids. The IEP team knew it looked good on paper, should there be any dispute. I could have refused to sign off on it, but I felt cornered.
< My Thoughts > “…I felt cornered.”
I just wanted to say this about that. If everyone on the team, ‘except you’ as the parent, feels comfortable with your child’s IEP goals and interests, please don’t force yourself to get comfortable with ‘their’ plan. Consider several things –
- One – Is what is being agreed to on paper (IEP), actually what is/will be happening consistently in the classroom?
- Two – Does the team ‘only come close’ to providing the services or curriculum that you want for your child?
- Three – Do your prioritized wants and needs match theirs?
One of the first parts of the IEP process is to notify parents, in a timely manner, of an upcoming scheduled meeting date. Parents must be given time to receive, read, and respond to, the required Safeguard Procedures booklet; plus, invite persons you would like to have present at any meetings. You may bring any documentation, such as your child’s Progress Reports and notes from previous pertinent meetings. To prove a point, my choice was to bring an award Sonny had received as a Little League Baseball member. This award helped me show the team that, when in the right setting and at times, he could be social and cooperative.
Hines, M. continues – At school, there were not many areas where Ryan experienced success. But math happened to be one exception. He was scary smart when it came to numbers. My little human calculator loved everything about them. I assumed this was because numbers are orderly and predictable – unlike people.
Mostly, I didn’t want my child labeled at all. That was a big mistake on my part. Informed parents know that mostly their child has an immune system dysfunction, but you still need to call it “autism” on the IEP paperwork. By not using the term autism was hurting my son and limiting the services he could obtain. It took me some time to realize that Ryan needed to ‘qualify’ to get any services from the school district.
Aides can be specifically assigned to your child, or to the classroom. We didn’t want Ryan to become too dependent on anyone. I requested Ryan’s aide be introduced as an aide for the entire class, even though, technically, it was Ryan’s ‘label’ that paid her salary. Nobody can miss a child with autism with their noises, arm flapping, and tantrums. We were so focused on getting rid of those behaviors that we failed to recognize the things he was doing right.
< My Thoughts > “…too dependent on anyone.”
When the district felt that Sonny needed a one-on-one aide in the classroom and that his placement was adequate, I felt brave enough to visit two other schools where I thought Sonny might be a better fit, without an aide, for ‘becoming’ all he could be. And besides, both schools had swimming pools where the students went to swim, which he would love.
Granted, we did not want a personal aide (the aide would move with the student, thus giving the classroom a bonus person), nor did he have his behaviors under control. But I guessed that he was becoming too dependent on the aide, or sat by while she did everything for him. I thought that part of his behaviors were not due to teachers demanding more of him, but of him having a day that bored him.
Finally, I convinced one of the school principals to visit him in his present classroom, in hopes to get him transferred to a more progressive program. Graciously, she agreed. But, after spending quite a bit of time observing him, she came to her conclusion – He just didn’t seem like a “Seymour School” kind of kid.
Ouch! That hurt, but it didn’t stop me. I finally convinced her to give Sonny a ‘trial six weeks’, during the Extended School Year (ESY) program. We began by rewriting more demanding IEP goals, for him to meet (which I was certain that he could do). He began the new school’s ESY program; with a wonderful teacher who decided to take him on.
To everyone’s surprise, Sonny responded to the new school environment and became a favorite among the staff. Behaviors subsided and a transfer was agreed to. Because of that change, Sonny was so much happier and began making real progress. Of course, it helped that he loved swimming in their pool.
Kedar, Ido (2012) had a lot of resentment because he had been so trapped, telling us – resentment was later exacerbated because no one initially accepted what I had to say. But this time I was not going to be deterred. I was absolutely certain that I was right, and with certainty comes the confidence to stick to your beliefs in spite of hostile pressures.
It was a very lonely time, I sat in school, learning nothing, looking at toddler books, adding single digit numbers. At home I was writing essays, doing science and multiplying and dividing double digits.
Ido’s mother tells us that until he was seven, he had no means to show anyone that he was intellectually intact. His teachers and a myriad of experts assumed, based on his difficulty following directions, lack of speech, and odd behaviors, that his intellect and knowledge matched his actions. They insisted that the only way he could learn was by being slowly and progressively instructed, with the basic information that human beings need to function.
In the fifth grade, Ido was finally removed from his remedial autism class and sent to another school with a “high functioning” autism class. He had his first opportunity to receive an actual academic education in school.
A psychologist Ido worked with asked him to share what ‘stims’ meant to him. Ido sat down and analyzed his self-stimulatory behavior. It’s beautiful to watch. It mesmerizes me. He realized that he could explain autism from the inside out, describing his symptoms and puzzling behaviors one by one. As he did, he began to better understand himself.
Many times, Ido reacted emotionally to the topic. Sometimes he hopped up, flapped his hands, or paced the room, but he always came back to complete his work or write his essay. It was emotionally difficult for him to revisit the pain and frustration of his early years, when he felt so terrified that his true intelligence might never be discovered.
< My Thoughts > “…he felt so terrified…”
As parent and teacher, my fear is that this ‘terrifying’ scenario occurs much too often, and among many more students.
Ido explains that last week the IEP Committee determined that he would be mainstreamed all day next year – I will no longer be a special education student. I will be a general education student. This is amazing from a School District that once denied I could even communicate.
On to High School. I am not under any illusions that the school is thrilled to have a seriously disabled student. I am a challenge. I am expensive because I need an aide. But I am a student who is pioneering opportunities for the disabled too.
Some kids have kinder hearts. They say “hi” and work in groups with me and treat me well. I am starting to feel more relaxed with typical kids, so mainstreaming has made me interested in expanding my world.
< My Thoughts > “…work in groups with me…”
When a student becomes part of an inclusion program, i.e., “mainstreamed,” they may need an afterschool tutor, or dedicated parent time at home, because of increased homework, weekly textbook chapter reading/testing, student projects, and possible sport or after-school study activities.
Keeping in mind that your student will possibly/probably take longer to do the work necessary to complete the task. You can help them by allowing plenty of completion time, in order to keep frustration at a minimum. Try using a chart/calendar or other visual reminder to facilitate the planning and implementation process.
Also, note that these students are often uniquely inspired and may take a different approach to problem solving, as well as approach a topic from a different perspective. My experience has been that everyone can learn from these new, innovative and inspired thoughts that our special students have.
Note: Visual charts, calendars, and other materials can be found in other parts of this book.
SOME ABC’S OF IEP’S FOR PARENTS
Note: These ABC’s have been compiled from a variety of sources.
A. Communicate your child’s strengths, upfront. Most professionals communicate the child’s strengths first, then their needs. When parents take this same approach, it will help the school appreciate your child’s true nature. Help them see more than just your child’s diagnosis.
< My Thoughts > “…Help them see more…”
An IEP should give a ‘snapshot’ of the child, their strengths and challenges. This information is gathered from those observing or working with them; as well as information about their test scores and the schoolwork they’ve produced.
For example, the school ‘snapshot’ may describe Sonny as an 8-year-old, diagnosed with Severe Nonverbal Autism Spectrum Disorder; Mental Age of 18 months. Due to his diagnosis, he requires a classroom aide, as well as many IEP accommodations and modifications.
As a parent, I would describe Sonny as a happy guy, who, at the age of 8-years-old, seems most like a 3-year-old. He loves to use his “Talker” to communicate his needs, and will respond to familiar cues and prompts.
B. Request don’t demand. Be an effective advocate. Ask, discuss, negotiate, and problem-solve.
< My Thoughts > ‘Be an effective advocate.’
As a parent, letting teachers know that Sonny has a good receptive vocabulary lets me become an effective advocate for him. Having others understand that if you ask him to do something in simple terms, in words or signs he understands, he will comply.
However, there is another component to his compliance – if he does NOT see the advantage to following a direction more than once, he will walk away. In other words, sometimes he wants choices or needs to decide if the task, or repetition of the task, is worth his time.
Some students can spend time putting the same puzzle together over and over. Sonny is not one of them. So, his ‘task demands’ need to allow for that. Also, this may not be something that the ordinary teacher or instructional aide can abide from him.
C. Understand the system. What defines an ‘emergency’ for your child? Clearly define when the school nurse, emergency services, and or the parent or ‘emergency contact’ will be called.
< My Thoughts > “…What defines an ‘emergency’…”
Sonny has a rather unusual ‘drop’ seizure disorder. Sometimes he will drop down and pop back up again, act disoriented or upset; but then he’ll continue with what he was doing. As the parent, I need to know that someone in the classroom has been trained to recognize his seizures and the medication protocol involved. This is critical in order to prevent the onset of a life-threatening Grand Mal seizure.
As a parent, I would want this ‘event’ documented by the teacher or the school nurse. If he goes into a seizure and cannot respond to ordinary measures, then a medication should be given ‘rectally’; paramedics and parents should be called. Parent and school authorities must be in agreement as to when emergency services will be called. These requests should be stipulated in all school documents.
D. Be realistic. If the school cannot meet your child’s healthcare demands, or food restriction demands, then problem-solving is required. Your child may have a peanut allergy and need to carry an epi-pen.
< My Thoughts > “…meet your child’s healthcare demands…”
As you can understand, Sonny needs to carry a prescription rectal syringe in a fanny pack at all times for his seizures. Is that going to be a problem? Medication is usually not allowed in the classroom, but only in the school nurse’s office. Another health-related problem is that Sonny’s oral medication makes him thirsty all the time. He needs to have his Sippy cup handy or be allowed to carry and drink from a hiker’s refillable water bladder. This can cause a problem in the classroom with other students who may want him to share.
No single factor should dominate the student’s IEP placement decision; rather, all factors should receive equal consideration. The IEP team must draw upon information from a variety of sources (e.g., aptitude and achievement tests, teacher recommendations, physical conditions, social or cultural background needs; plus, accommodating for adaptive behavior).
REFERENCES: UNIT 6 CHAPTER 3 – LAW FEDERAL & STATE & LOCAL: INTRODUCTION, INDIVIDUALIZED EDUCATION PROGRAM (IEP), SOME ABC’S OF IEP’S.
Burke, M., & Goldman, S. (2015). Identifying the Associated Factors of Mediation & Due Process in Families of Students with Autism Spectrum Disorder; Journal of Autism & Developmental Disorders; V45; 1345-1353.
Finkel, E. (2010). Who Let the Dogs In?; The National Pulse; V96:4.
Foley‐Nicpon, M., Assouline, S., et al. (2014). Cognitive and Academic Distinctions Between Gifted Students With Autism and Asperger Syndrome; Gifted Child Quarterly, V56:2, p77-89.
Greer, M. (2005). An Alternative IDEA; American Psychological Association; V36:4, p44. Retrieved online from – https://www.apa.org/monitor/apr05/idea/
Hinds, M. (2014). I Know You’re In There: Winning Our War Against Autism; eBook Edition.
Horoupian, G. (2011). Service Dogs In The Restaurant: Justice Department’s Rules; Retrieved online from: franchising.com/
Kedar, I. (2012). Ido in Autismland: Climbing Out of Autism; eBook Edition.
Laurence, B. (2018). Does the Law Protect Children & Adults with Autism?; Retrieved online from – www.Lawyers.com/
Staff Writer (2017). Section 300.320 (a); Individuals with Disabilities Education Act; Retrieved online from – https://sites.ed.gov/idea/regs/b/d/300.320/a/
Staff Writer (2018). Developing Your Child’s IEP; Retrieved online from – https://www.parentcenterhub.org/pa12
Understood Team (2019). Who Is on the IEP Team?; Retrieved online from – https://www.understood.org/.../whos-on-the-iep-team/
Waterstone, M. (2014). Disability Constitutional Law; Emory Law Journal; V63:3, p527-580.
Watson, S. (2019). The Special Education Resource Room; Retrieved online from – https://www.thoughtco.com/special-education-resource-room-/
Yell, M., Katsiyannis, M., et al. (2003). Developing Legally Correct & Educationally Appropriate Programs for Students with Autism Spectrum Disorders; Focus on Autism & Other Developmental Disabilities; V18:3, p182-191.
Yen, J. & Mao, A. (2011). Laws that Affect Parents Raising a Child with Autism; Brown University Child & Adolescent Behavior Letter; V27:1, p1-6.
APPENDIX A Due Process Hearing
Artificial Intelligence Overview Due Process Hearing definition (2024) Retrieved online –
Due process is a legal process that protects the rights of children with disabilities and their families in special education. It can be used to resolve disputes with a school about a child's education, including issues with the implementation of an Individualized Education Program (IEP).
Here are some things to know about due process and IEPs:
- When to request a due process hearing
- Due process hearing procedures
- Resolution meetings
< My Thoughts > “…meeting with you…”
Because a ’due process hearing’ is a type of legal proceeding, you may wish to consult a legal representative to explain, advise; or, even accompany you to discussion and/or resolution meetings meetings.
DISCLAIMER (2024) Know Autism – Know Your Child: with < My Thoughts > by Sara Luker; 2024
Just to let you know that I, Sara Hayden Luker, have put forth my best efforts in presenting what I have learned about autism, by sharing the stories and studies of those who have gone before us. Any author’s mention of products, services, treatments, and interventions or actions are not to be considered an endorsement, thereof. Know that to some, autism is an ‘unregulated business’. The content of this website material, digital or in any other form does not represent medical advice; nor does it constitute medical suggestions in any way. The material, including any downloadable parts, is for informational and/or educational purposes only. Your download and/or use of any of this material indicates your acceptance of this disclaimer.
This is a Personal Use Electronic Download. By downloading, you hereby agree and acknowledge that you are not acquiring any right, title or interest in, or to, the material; nor any associated copyrights, other than the right to possess, hold and use for personal, non-commercial purposes. Furthermore, you agree that you will: (i) not scan, copy, duplicate, distribute or otherwise reproduce the material(s) to resell, (ii) not use the material(s) for any commercial purposes. By purchasing/downloading you agree to these terms unconditionally. No ‘rights’ are given or transferred.
UNIT 6 CH 4 – Where to Look for Resources?
CHAPTER 4 – FAMILY LAW
AUTISM EDUCATION
ANTI-BULLYING POLICIES
PLEASE READ DISCLAIMER –
UNIT 6 CH 4 – Where to Look for Resources
AUTISM EDUCATION & ANTI-BULLYING POLICIES
Waterstone, M. (2014) wants you to know that there are no Federal Laws which regard ‘autism’ and ‘bullying’, specifically. But there are Civil and Educational laws regarding harassing persons with a disability. There are also State Anti-Bullying Laws and Regulations, in each state in the United States.
There are state statutes which still expressly discriminate on the basis of mental disability, in the areas of family law, provision of Public Services, commitment proceedings, voting, and provision of public services.
These laws should require greater judicial consideration, not laws based on outmoded perceptions, stigma, and prejudice. Laws like the Americans with Disabilities Act (ADA) which have shown that people with disabilities can and should be full members of society.
Disability advocates question the ‘Equal Protection’ clause in the ADA law. Family Law Includes important areas such as, commitment proceedings, voting, and provision of public services.
Staff Writer (2017) declares that state and local lawmakers have taken action to require school districts to implement procedures, when ‘bullying’ occurs. If the persons are juveniles, then the criminal code takes over.
If the students are attending federally-funded schools, colleges, or universities, then federal laws through the U.S. Department of Justice, Civil Rights Department will apply. These laws protect students from harassment based on their non-conformity to gender stereotypes.
Prompt, impartial, and immediate action must take place. If not, and the harassment persists, then a formal grievance may be filed with the U.S. Department of Education Office for Civil Rights.
Biggs, G., Simpson, M., et al. (2010) believe that children with an unsteady gait, slow movements, or less stamina, are often viewed by bullies as being weak and become the target of verbal or physical abuse. A strong emphasis should also be placed on how individuals with social deficits are at a greater risk of bullying, and therefore should be protected.
They also believe that educators should avoid elimination games—for example, games such as ‘knock out’, in which a physical skill level determines the last student remaining in the game. This type of game may single out a child for being seen as ‘weaker’ than his or her peers. Students perceived in this manner are often targets of bullying acts.
< My Thoughts > “…single out a child for being seen as ‘weaker’…”
Unknowingly, some teachers may seem to be condoning bullying by identifying students with physical and/or cognitive deficits, in games or competitions. Especially staff who are new or inexperienced with this ‘less abled’ population.
Kvesic, C. (2012) knows that while bullying continues in traditional face-to-face-settings, a child may also be subjected to ‘cyberbullying’. This is when a child, preteen or teen is tormented, threatened, harassed, humiliated, embarrassed, or otherwise targeted by a peer, using social media on the Internet, interactive and digital technologies, or mobile phones. Where intimidation, fears of attack, and things said remotely that might never be said in person, are said in this venue.
She says that some anti-cyberbullying laws do exist, which are carefully drawn to also protect First Amendment Rights. But that each state and school district must be involved in creating, interpreting, and enforcing cyberbullying criminality laws, before laws become universal.
Barnes, E. (2014), “Wait! What?” I dutifully go to the school office and sign in and get a badge so I am an ‘official’ visitor at the school. While I was signing in my son, Navigator walked into the office.
He was supposed to be in class, what was he doing in the office? One of the assistants asked him why he was there. He explained that he had been misbehaving in class and the teacher had sent him to the office.
“Wait! What?” There is specific language in the IEP that he is not to be sent out of the classroom for his behavior. The ‘Specials’ teacher had sent him out of the classroom. Why isn’t the ‘Specials’ teacher following the IEP?
< My Thoughts > “Why isn’t the ‘Specials' teacher following the IEP?”
‘Specials’ are the class times when all students, general education and special education, go to Library, P.E., Art, or Music class. These ‘Specials’ are scheduled daily, so as to allow the teachers their mandated lunch, break, or Teacher Preparation Time, i.e., Lesson Planning Time. ‘Specials’ are conducted by teachers state qualified, certified, and licensed in their area of expertise.
Barnes, E. continues saying that a couple of days later she got notice that an IEP meeting had been set, which included the ‘Specials’ teacher.
Why were we having an IEP meeting? The meeting came and I learned why. The ‘Specials’ teacher had not been given notice of the relevant accommodations in the IEP related to my son. None of the ‘Specials’ teachers had been given that information. How can they do their jobs if they don’t have the information they need?
The meeting went well as far as my son is concerned. The’ Specials ‘teacher now has the knowledge and tools needed to manage my son’s behavior in the classroom. Ironically, this meeting took place on the second to last day of Autism Awareness Month.
< My Thoughts > “None of the Specials teachers had been given that information.
One of my mottos is never to assume anything! As parents and as teachers, immersed in the world of autism, we sometimes tend to ‘assume’ that everyone out there is as ‘consumed’ with our student’s needs as we are. That ‘they’ are operating from the same knowledge base that we are. Not so! And, many people prefer not to think about anything that deviates from the ‘norm’, especially when it comes to ‘autism’. A sensitive child could perceive this as being ‘harassed’ by a general education teacher, because unwarranted attention was drawn to them.
Barnes, E. concludes – set up a preferred method of communication so the school can contact you. Setting up a preferred method puts the teacher-parent relationship on a ‘respectful footing’ for what works best for both.
Special Education teachers, when writing an IEP are expected to create a legal document which describes how the student performs educationally. Creating a picture of their strengths and deficits. Many create a ‘strengths-based’ IEP. This type of IEP helps students make progress by leveraging what they’re good at. See how your child’s IEP goals can be ‘strengths-based’, too.
< My Thoughts > “…‘respectful footing’…”
‘Strength-based’ IEP goals can present the student on a ‘respectful footing’. There is so much that’s ‘subtle’ about preventing a child from becoming harassed and/or bullied by his/her peers.
UNIT 6 CHAPTER 4 – FAMILY LAW, LAW ENFORCEMENT
Byrd, K. & Payne, R. (2013) believe that research has demonstrated “immense” adverse impacts on the family of an autistic child. This includes increased levels of parenting stress, higher levels of health concerns, decreased family quality of life, and an increase in problems within sibling and marital relationships. The impact of autism within a family is often felt long before any formal diagnosis is received.
Autism diagnosis is not the prognosis for divorce, they say, but the negative effects on parents and it’s competing demands often result in just that, divorce. And, especially a higher level of dysfunction in the family, seems to correlate directly with a lower support level from the less involved spouse.
Autism leaves few, if any, ‘conflict-free spheres of functioning’ family life, but may result in visits to family court. Routine structure, and scheduling are important to reduce anxiety, and the prognosis for divorce. Parents may be divided – one to their autistic child’s best interests, and the other to his/her self, and self-interests.
Families with autism often find themselves unhappy; missing many social opportunities and even becoming isolated, due to their child’s –
- Inappropriate eating
- Toileting complications
- Sexual expressions
- Social difficulties
- Sensory overload
Community isolation is often heightened by the unpredictable behavior of the child with autism. Parents also miss opportunities to follow career paths, because of the demands they are feeling to provide established insurance for medical care, as well as the ability to have family leave, and care for neurotypical siblings.
Note: More about ‘unpredictable behavior’ in UNIT 4.
Miles, R. (2013) mystified exclaimed that “Our beautiful boy couldn’t talk, wouldn’t make eye contact, and was frequently inconsolable.”
It was a constant struggle to simply get through the day. Ben still wasn’t sleeping with any regularity, and when he was awake, he was like the Energizer Bunny – just going, and going, and going…
I began to sink into depression and the cracks in our marriage grew. It was a matter of “too much, too soon” for a relationship that had not had enough time to build any real foundation.
One year later, our marriage was over. Despite the failure of our marriage, Sara and I did go on to build a very successful parenting relationship.
We had a standard court-ordered parenting plan. We fell into the rhythm of our son Ben being with his mom during the week and with me on weekends.
Although Ben was completely non-verbal, he was happy and affectionate, and it was clear that he felt completely loved and supported despite his fractured household.
Sicilie-Kira, C. (2015) says that she has added to her list of people who need practical knowledge about autism, when it comes to Matrimonial Settlement Agreements. The list, ‘with all due respect’, she says, is as follows –
- Many attorneys
- Many judges
- Many family court counselors
- Many custody evaluators
The court system is there to ‘serve the needs’ of the child, but how is that possible when they do not understand what the autistic child’s needs are. Their needs are for routine, structure, and stability. Not being shuffled from one parent to the other in a 50/50 custody settlement.
She continues that the court system is there to serve the ‘best interests’ of the child, not the parent who may have no interest or experience with the child. Not one who doesn’t understand that autism becomes more difficult as the child gets older.
Note: More about the adult with autism in UNIT 6 Chapter 5.
Green, L. (2013), in her review of various articles regarding family wellbeing, discovered that much of the literature brings up the ‘invisibility’ of autism. Families seem to know long-term stress and anxiety, due to experiencing society’s speculation that autism, the ‘invisible disability’, is not a ‘real’ disability, but an unruly child who is just undisciplined.
Laurence, B. (2018) lets us know that there is no cure for autism. That most legislation to provide health insurance coverage for the diagnosis, testing, and treatment of autism is available, according to the law. But these laws may have Medicaid Waiver limitations. And, a child may not have received the correct diagnosis allowing insurance to pay for an appropriate service, nor will they qualify for ‘special’ school participation.
She indicates that there are state ‘restraint’ and ‘seclusion’ laws in place, pertaining to schools. Laws preventing a child from being restrained from movement by straps, and/or belts; or, from being secluded, or locked in a room or enclosure. These laws are enforced by advocacy agencies in every state. Visit your State’s National Disability Rights Network.
Cea, C. (2014) believes that ‘The distinction between autism and an intellectual disability’ is crucial for a criminal defendant. This is because a court may better recognize an intellectual disability in the context of the insanity defense. Awareness of the legal community and the criminal justice system may find ways to integrate the ‘autism factor’ into the federal sentencing guidelines. This ‘factor’ could include the diagnostic criterion for ASD.
This study author gives an example of a criminal acts stemming from an obsession/special interest, for instance, was a person who stole computers in order to disassemble them. Thus, fueling his passion for seeing what was inside the device. Other factors which may predispose those with ASD to seemingly criminal behaviors would be aggressive behavior, poor social understanding, stress or anxiety from disruption of routines or perceived threatening events.
< My Thoughts > “…seemingly criminal behaviors…”
Other factors which may predispose those with ASD to seemingly criminal behaviors can be seen in the educational setting. Students have attacked me physically with a chair, and verbally with foul language This makes me realize that any onlooker could believe that a crime was being committed. Persons with autism may have ‘lack of impulse control’, occasionally physically striking out or grabbing someone inappropriately. Some may even engage in disruptive actions which continue over and over, due to their need for perseveration.
UNIT 6 CHAPTER 4 – JUDGES & THE COURT SYSTEM
JUDGES & THE COURT SYSTEM
Birt, E. (2019) believes that all too often, people making decisions about parenting ability in the courtroom, have no experience with parenting a child with autism. Yet, parenting ability may be put under the microscope by attorneys, judges, and forensic evaluators. Even court appointed attorneys are unfamiliar with safety issues, medical terminology, therapies, and/or educational issues.
In addition, there are issues which involve siblings who are not autistic. There are medical issues, such as, vaccination exemptions, or alternative biomedical treatments, and reports of abuse and neglect to Child Protective Services (CPS). Reports from persons who do not have knowledge of laws regarding rights of parents to make treatment decisions for their autistic children.
< My Thoughts > “…parenting ability…”
The focus here would be ‘parenting abilities’ under the microscope, in the courtroom, when parents of children with autism are petitioning for separation or divorce. Court decisions, involving professionals with a great deal of experience in mediating and resolving issues of ‘typical’ families with ‘typical’ issues. Without an understanding of autism, a neglect or abuse report from CPS may keep the ‘right’ parent from obtaining custody, if all the facts were not investigated by the ‘right’ person. Such as a person knowledgeable about autism parenting.
Note: More about ‘alternative biomedical treatments’ in UNIT 7.
Janai, A. (2020) justifies autism as having a genetic component. Therefore, a mixed-neurological marriage, between a typically a developing person and a person who has autism, may have children with autism. Many persons with ‘high-functioning’ autism, formally known as Asperger’s, considered to be without language or intellectual impairment, are never diagnosed. Couples who marry without knowledge that one of them is on the spectrum, often find trouble with social interactions and communication. Even more so than typical marrieds, these unresolved conflicts may lead to domestic abuse, due to ‘theory of mind’ deficits.
Partners without ‘theory of mind’ cannot take the other person’s perspective into account, especially when discussing marital conflicts. Laws designed to prevent conflict can protect vulnerable families. For example, ‘no fault’ divorce and equitable financial settlements should resolve the ‘high-conflict’ divorce proceedings. But sometimes, an attorney unfamiliar with autism, may unknowingly exploit these families. Determining the appropriate parent to be awarded custody of the children, and the parent to play an active role in parenting, should be done by someone who has considerable experience with these matters.
< My Thoughts > “…exploit these families.”
Attorney exploitation may come as a result of not understanding why the parties cannot agree on one single thing that comes up for discussion. When one does not have empathy, nor a consideration of the other person’s viewpoint, due to lack of ‘theory of mind’, then the situation becomes impossible to resolve without numerous costly meetings. Of course, couples must reach some sort of agreement before meeting with the judge.
Note: More about ‘theory of mind’(ToM) in UNIT 3 Chapter 3.
Potvin, J. (2013) tells us about his very young daughter, Andrea – The TV was on, tuned to Andrea’s favorite show. I took another sip of coffee. It was still too quiet. I searched for Andrea, but she was not watching TV. She was not in her room either. I searched frantically, but no Andrea.
I went to the front door; it was wide open. The keys were in the lock. I knew Andrea had escaped.
Out in the street, cars swerved to avoid the kid in the diaper. Brakes were slammed, tires squealed. Andrea remained focused on the library. The darkness camouflaged her. The white diaper was the only warning to hurried drivers.
I had to find Andrea.
Just then, the police car pulled in my driveway with lights flashing. I ran outside and up to the police car. The officer asked if the little girl in back belonged to me. “Yes”, I stammered.
The officer said I had the neighbor to thank for Andrea’s pants and blanket that I didn’t recognize. I explained about the autism. I had the officer to thank for saving her life. Andrea was safe due to his swift reaction.
< My Thoughts > “…I had the officer to thank…”
Fortunately, this family was not under the court’s microscope in a custody battle. Potvin’s loss of his daughter, the neighbor’s involvement, and eventually having his daughter brought home by the police, would be very suspect to ‘neglect’. Especially, under normal circumstances, parental neglect or irresponsibility could be seen as a concern. Perhaps, even resulting in a referral to Child Protective Services (CPS).
In a ‘fictional’ story about 15-year-old Christopher, with ‘high functioning autism’ (HFA), Haddon, M. (2003) writes about his main character, Christopher – The police arrived. I like the police. They have uniforms and numbers and you know what they are meant to be doing. There was a policewoman and a policeman.
The policewoman put her arms round Mrs. Shears and led her back toward the house. I lifted my head off the grass.
The policeman squatted down beside me and said, “Would you like to tell me what’s going on here, young man?”
I sat up and said, “The dog is dead.” “And why were you holding the dog?” he asked. “I like dogs,” I said. “Did you kill the dog?” he asked. He was asking too many questions and he was asking them too quickly. They were stacking up in my head like loaves in the factory where Uncle Terry works.
< My Thoughts > “…asking too many questions…”
Rapid-fire questions, especially in a stressful setting, become – questions stacking up in one’s head like loaves in the factory where Uncle Terry works.
Haddon continues, "The policeman took hold of my arm and lifted me onto my feet. I didn’t like him touching me like this. And this is when I hit him."
< My Thoughts > “And this is when I hit him.”
Children with tactile, fight or flight, PTSD, or other sensory issues, often present in children with autism, can react quickly and/or defensively when touched or when someone comes within close proximity.
Sicile-Kira, C. (2014) says that a typical characteristic of children with autism is to become stiff when held, and uncomfortable when being touched. “This indicates that their ‘tactile’ sense is out of whack.”
She tells us that when interviewing well-known autistic, Temple Grandin she learned that – “From as far back as I can remember, I always hated to be hugged, it was just too overwhelming. Being touched triggered flight, it flipped my circuit breaker. I was overloaded and would have to escape, often by jerking away suddenly,” (from Temple Grandin, Thinking in Pictures).
Almanza, A., Rapp, J., et al. (2013) also quoted Temple Grandin who despised ‘hugging’ and saying that she designed a “squeeze machine” in her head to artificially suppress sensory overload. The famous machine allowed the user to experience deep pressure on both sides of the body, in order to relax; thus, controlling her neurosensory experiences.
Haddon, M. (2003) continues – The policeman looked at me for a while without speaking. Then he said, “Christopher, I am arresting you for assaulting a police officer.”
This made me feel a lot calmer because it is what policemen say on television and in films. Then he said, “I strongly advise you to get into the back of the police car, because if you try any of that funny business again, I will seriously lose my rag. Is that understood?”
< My Thoughts > “…if you try any of that funny business again…”
A perfect example of how ‘invisible disability’ might lead to the arrest of a person with autism. And one of why the parent will need ‘proof of guardianship’ to access this person who has been taken into custody.
According to Frekelton, I. (2013), Autism Spectrum Disorder, as defined in The American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM-5) can help clarify family, disciplinary, discrimination, and criminal law contexts. He stresses that insights into the behavior, and the purpose of the behavior, are crucial when it comes to interpretation by law enforcement, or the courts. This will require the help of experts to make a connection between conduct, capabilities, and skills when it comes to making criminal conduct decisions about persons on the autism spectrum.
Berryessa, C. (2016) tells us that a study of fifteen judges showed that knowing an ‘offender’ has High Functioning Autism (HFA) would be an important factor in sentencing them. If judges, juries, and other criminal justice professionals understand that possibly the offenders condition led to ‘committing criminal actions’ then it could be considered as ‘mitigating’ or ‘aggregating’ circumstances. Rather than focusing on traditional sentencing, they could order assistance, therapy or treatment for these offenders.
Some judges believed that ‘impulse control’ problems will lead to future offenses. One judge stated that he thought it should help to put the whole picture into perspective. This study showed that the majority of judges would rather order sentencing alternatives than to send the person with HFA to prison. While yet other judges felt that the courts didn’t yet have the formal tools to change sentencing outcomes.
< My Thoughts > “…’impulse control’…”
Some with autism need immediate gratification, due to an undeveloped, or underdeveloped ‘executive functioning’ part of the brain. Persons with ‘impulse control’, and/or lack of ‘theory of mind’, plus cognitive issues may result in future involvement with the police, and possibly with the criminal justice system.
Typical human brain cognition behavior allows us to process a great variety of complex information all at once. Minshew, N. & Goldstein, G. (1998) believe that when there is a potential deficit in this behavior, individuals with autism often have difficulties with increasing the number of cognitive processes needed for task performance.’ Another common feature of their cognitive processing is with difficulty in organizing information, especially as the information becomes increasingly more complex; or, is delivered more rapidly.
Realmuto & Ruble (1999) warn that “individuals with autism are at great risk for negative consequences and/or punishment with any display of sexual behavior. Public displays of sexual behavior such as removing clothes or touching private parts, in times of stress. Due to confusion as to the nature of this behavior, and initially considering the behavior to be ‘deviant’; consequences have been known to include loss of employment, loss of public transportation riding privileges, and even loss of placement in some residential settings.
Wright, D. (2019) says many people with autism can drive. But when pulled over in traffic, they may be slow to answer, unsteady or slurring their words. A person who won’t look you in the eye, who might be unsteady on their feet, agitated or pacing–police often tend to take these as signs of guilt, or at least of being under the influence of drugs. Officers learned that if they don’t smell alcohol, it’s okay to ask directly, “Do you have autism?”, said Chief Deputy Scowden. It’s fine for the officer to ask people if they are autistic. It can save a lot of misunderstanding.”
Police today are being trained to look for signs of Autism. Also, to check for bracelets or tags which may give necessary information about the person’s serious medical condition. Many children with autism also have epilepsy and sensory issues. Heat, sound and bright lights can trigger both seizures and panic attacks.
Persons with Autism exhibit these unusual behaviors and often try to run, may spin, rock, run around and may seem to be in pain. Some laugh, hum, sing, remove clothing, or refuse to be touched. Often times, both children and adults with autism do not comprehend pain or danger. Speaking to them in clear one or two word, easy to process commands may work best in this situation. Make certain to pass any information on to those who may be transporting the person to another place.
Haddon, M. (2003) has an example – When I got to the police station, they made me take the laces out of my shoes and empty my pockets at the front desk in case I had anything in them that I could kill myself or escape or attack a policeman with. I was also wearing my watch and they wanted me to leave this at the desk as well but I said that I needed to keep my watch on because I needed to know exactly what time it was. And when they tried to take it off me, I screamed, so they let me keep it on.
< My Thoughts > “…so they let me keep it on.”
Most parents experience relenting when any of their children, at any age, persevere on any subject until any sense of parental order collapses. And, ‘perseverance’ can be the number one coping skill with the person with autism.
Charlop-Christy, M. & Haymes, L. (1998) state that often the child will tantrum when the object of the child’s obsession is withdrawn or they are given only limited possession. Also, that there is an ‘immediate reversal of undesirable behavior when the object of the child’s obsession is returned.’
Roa, S., & Gagie, B. (2006) remind us that digital clocks and watches, Visual Schedules and calendars are also tools which help older children have the structure allowing them better social functioning. With many children the passing of time is an abstract idea; whereas concrete thinking and objects are factual. Therefore, the passing of time requires ‘abstract’ thinking and telling time on a watch or clock requires factual thought. Visual strategies, like visually keeping track of the time, help persons with autism stay centered, communicate appropriately and have more positive behavior. This also allows them to focus and helps to reduce their anxiety.
Vogel, D., Falter-Wagner C. F., et al. (2018) acquired the volunteered data from 26 adults with autism, who experienced deficits in social interaction, due to repetition or insistence on sameness.
The uniqueness of this study is that the researchers were interested in the ‘disruption’ of time on the participants. They were interested in how the effects of ‘disturbed neuronal timing’ changed ‘time perception’, ‘time production’, and ‘time experience’; thus, causing an interrupted ‘time experience’. An impaired perception of time, somehow changes the factual experience of ‘time’.
When adults with autism have an experience, which in prior times has taken a certain amount of time to be completed, but is now somehow disrupted, then it can become extremely disturbing to that individual. One of the reasons, researchers considered, was that persons with autism may have either a heightened, or decreased sense of time; this decrease is referred to as ‘hypo prior’. A link between the ‘time’ experience and the observation of ‘change’, or disturbance, is exacerbated by an increased or decreased detailed perception; creating a focused sense of change. This change, in turn, creates a neural disruption and the need for sameness.
< My Thoughts > “…need for sameness’.”
Some consider this to be a ‘novel’ hypothesis. But if you tell Sonny that we are going to McDonald’s for French fries, but you stop for gas on the way, then you can expect he will be banging his head on the window until we continue on our way to McDonalds. Now it makes sense that it is more about ‘time disruption’ than about where we stopped, or what we are doing. He’s not upset because he can’t wait to get his soda and French fries, but it’s about the time disruption involved with traveling from point A to point B. He needs ‘sameness’, and when he compares this trip to previous trips, it is not the same.
Note: More about Visual Schedules available in the book.
REFERENCES: UNIT 6 CHAPTER 4 – FAMILY LAW, LAW ENFORCEMENT, JUDGES & THE COURT SYSTEM
Almanza, A., Rapp, J., et al. (2013). Parents' Experiences of Applied Behavior Analysis (ABA); British Journal of Special Education; V40:4.
Barnes, E. (2014). Building in Circles: The Best of Autism Mom; eBook Edition.
Berryessa, C. (2016). Brief Report: Judicial Attitudes Regarding the Sentencing of Offenders with High Function Autism; Journal of Autism & Developmental Disorders; V46; 2770-2773.
Biggs, G., Simpson, M., et al. (2010). Using a Team Approach to Address Bullying of Students with Asperger’s Syndrome in Activity-based Settings; Children & Schools; V32:3.
Birt, E. (2019). Autism Law & Advocacy; Elizabeth Birt Center for Autism Law & Advocacy; Retrieved online from – www.ebcala.org/areas-of-law/family-law/
Byrd, K. & Payne, R. (2013). Lighting-Up Family Law in Blue: Autism’s Impact on the Family & Family Law; Retrieved online from – www.theneurotypical.com/divorce-and-the-law-related-to-asd.html/
Cea, C. (2014). Autism & the Criminal Defendant; St. John’s Law Review; Summer V88, p496-529.
Charlop-Christy, M. & Haymes, L. (1998). Using Objects of Obsession as Token Reinforcers for Children with Autism; Journal of Autism & Developmental Disorders; V28, p189-199.
Freckelton, I. (2013). Autism Spectrum Disorder: Forensic Issues & Challenges for Mental Health Professionals & Courts; Journal of Applied Research in Intellectual Disabilities; V26, p420-434.
Green, L. (2013). The Well-Being of Siblings of Individuals with Autism; ISRN Neurology; V:2013; Art. 417194.
Haddon, M. (2003). Curious Incident of the Dog in the Night-time; eBook Edition.
Janai, A. (2020). For Court Professionals; Autism & Family Law – Real Mixed-Neurological; Retrieved online from – https://mixedneurological.com/wp-content/uploads/
Kvesic, C. (2012). Cyberbullying: The Face of 21st Century Bullying; Christian Post; www.christianpost.com/
Laurence, B. (2018). Does the Law Protect Children &Adults with Autism?; Retrieved online from – www.lawyers.com/legal-info/family-law/
Miles, R. (2013). 3500: An Autistic Boy’s Ten-Year Romance with Snow White; eBook Edition.
Minshew, N. & Goldstein, G. (1998). Autism as a Disorder of Complex Information Processing; Mental Retardation & Developmental Disabilities Research Reviews; V4, p129-136.
Potvin, J. (2013). Autism Triple Twist: Survival Stories of Parents, Triplets & Autism; eBook Edition.
Realmuto, G. & Ruble, A. (1999). Sexual Behaviors in Autism: Problems of Definition & Management; Journal of Autism & Developmental Discord; V29:2, p121-129.
Roa, S., & Gagie, B. (2006). Learning Through Seeing & Doing: Visual Supports for Children with Autism; Teaching Exceptional Children; V38, p26-33.
Sicile-Kira, C. (2014). Autism Spectrum Disorder (Revised): The Complete Guide to Understanding Autism; New York, N, Y,: Penguin Random House Company.
Staff Writer (2019). Laws, Policies, & Regulations: Stop Bullying.gov; Retrieved online from – https://.stopbullying.gov/resources/laws/
Vogel, D., Falter-Wagner C. F., et al. (2018). Interrupted Time Experienced in Autism Spectrum Disorder: Empirical Evidence from Content Analysis; Journal of Autism & Developmental Disorders; V49, p22-33.
Waterstone, M. (2014). Disability Constitutional Law; Emory Law Journal; V63:3, p527-580.
Wright, D. (2019). First responders learn how to recognize Autism Spectrum Disorder; Retrieved online from – https://www.wtrf.com/news/local-news/first-responders-learn-how-to-recognize-autism-spectrum-disorder/
APPENDIX A Section 504 Plan
The Individuals with Disabilities Education Act (IDEA), along with Section 504 of the Civil Rights Rehabilitation Act, and the Americans with Disabilities Act (ADA), provide for exceptional needs and/or services.
Waterstone, M. (2014) advises us that the purposes of provisions in the Americans with Disabilities Act (ADA) law are to ensure that each person with a disability has every opportunity to become a full member of society.
Yen, J. & Mao, A. (2011) say that the Individuals with Disabilities Education Act (IDEA) is the primary law that is invoked when parents are trying to access services of their qualified family members from age 3 to age 21, for educational needs. It includes Family Educational Rights & Privacy Act (FERPA) and Least Restrictive Environment (LRE). There are procedural safeguards in place, and families of children and adults with autism may need legal help to navigate the system when attempting to gain access to these and other necessary programs.
< My Thoughts > “…procedural safeguards…”
All U. S. schools receiving Federal funds have preprinted Procedural Safeguards Booklets available, for the asking. Understand that a Section 504 Plan does not provide extra services, nor change the curriculum. Only an Individualized Education Program (IEP) provides accommodations, plus specialized curriculum, instruction, and services. Sometimes, the Special Education Department handles the 504 Plan. But, if the parents do not want the student somehow identified as having Special Education services, then the school Principal; or designee can be appointed to develop the 504 Plan, and necessary follow-up. Parents should always request a special meeting, if they feel that their child is not receiving the attention s/he needs.
Note: More about all ‘disability’ laws regarding disability services and public education on local, state, and government websites.
Staff Writer (2018) states that – your child needs a well written plan to be developed within the first weeks of school. For your part – provide all the data you have regarding your child. It would help to have a cover letter to request a meeting so that you can better understand how your child will be received.
Briefly, for children with disabilities, an Individualized Education Program (IEP) provides specialized instruction and accommodations. The Section 504 Plan provides accommodations, but not specialized instruction. The Individualized Health Care Plan (IHCP) would provide the student with access to the nurse’s office for medication, or other health care services.
From the U. S. Department of Education website, here are some of the ‘Frequently Asked Questions About Section 504 and the Education of Children with Disabilities’. An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination based on disability, against students with disabilities. OCR receives numerous complaints and inquiries in elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concerns are with the identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.
< My Thoughts > “…identification of students…”
Parents often have questions about whether the Section 504 Plan will be enough to protect their child in a general education classroom setting. Identification of a Section 504 Plan ‘disability’ is necessary, so the student has the appropriate learning support. Recently, parents have been known to seek a 504 for their child who is having ‘gender identity’ issues, or undergoing gender transition and/or therapy. Also, U. S. students receiving Supplemental Security Income (SSI), may also qualify for a 504.
STUDENTS PROTECTED UNDER SECTION 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to:
(1) have a physical or mental impairment that substantially limits one or more major life activities.
(2) have a record of such an impairment.
(3) be regarded as having such an impairment.
Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
Here are some asked & answered questions from the U. S. Department of Education website, which may help you –
Note: The numbers below are as stated on the website, and do not reflect anything other than that.
22. Are there any impairments which automatically mean that a student has a disability under Section 504?
No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.
24. Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504?
No. A medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity.
26. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?
A school district must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent.
27. Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section 504?
The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.
29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done?
Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement.
30. What is reasonable justification for referring a student for evaluation for services under Section 504?
School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services.
32. A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?
The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom.
33. How should a recipient school district view a temporary impairment?
A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time.
36. Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"?
No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE).
41. What is the difference between a regular education intervention plan and a Section 504 plan?
A regular education intervention plan is appropriate for a student who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students.
End of excerpt from the U. S. Department of Education website.
References:
Staff Writer (2018). Developing Your Child’s IEP; Retrieved online from – https://www.parentcenterhub.org/pa12
U.S. Department of Education (.gov) (2023). Frequently Asked Questions About Section 504 & the education of Children with Disabilities. Retrieved online from – https://www2.ed.gov › about › offices › list › ocr › 504faq
Waterstone, M. (2014). Disability Constitutional Law; Emory Law Journal; V63:3, p527-580.
Yen, J. & Mao, A. (2011). Laws that Affect Parents Raising a Child with Autism; Brown University Child & Adolescent Behavior Letter; V27:1, p1-6.
DISCLAIMER (2024) Know Autism – Know Your Child: with < My Thoughts > by Sara Luker; 2024
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Birt, E. (2019) believes that all too often, people making decisions about parenting ability in the courtroom, have no experience with parenting a child with autism. Yet, parenting ability may be put under the microscope by attorneys, judges, and forensic evaluators. Even court appointed attorneys are unfamiliar with safety issues, medical terminology, therapies, and/or educational issues.
In addition, there are issues which involve siblings who are not autistic. There are medical issues, such as, vaccination exemptions, or alternative biomedical treatments, and reports of abuse and neglect to Child Protective Services (CPS). Reports from persons who do not have knowledge of laws regarding rights of parents to make treatment decisions for their autistic children.
< My Thoughts > “…parenting ability…”
The focus here would be ‘parenting abilities’ under the microscope, in the courtroom, when parents of children with autism are petitioning for separation or divorce. Court decisions, involving professionals with a great deal of experience in mediating and resolving issues of ‘typical’ families with ‘typical’ issues. Without an understanding of autism, a neglect or abuse report from CPS may keep the ‘right’ parent from obtaining custody, if all the facts were not investigated by the ‘right’ person. Such as a person knowledgeable about autism parenting.
Note: More about ‘alternative biomedical treatments’ in UNIT 7.
Janai, A. (2020) justifies autism as having a genetic component. Therefore, a mixed-neurological marriage, between a typically a developing person and a person who has autism, may have children with autism. Many persons with ‘high-functioning’ autism, formally known as Asperger’s, considered to be without language or intellectual impairment, are never diagnosed. Couples who marry without knowledge that one of them is on the spectrum, often find trouble with social interactions and communication. Even more so than typical marrieds, these unresolved conflicts may lead to domestic abuse, due to ‘theory of mind’ deficits.
Partners without ‘theory of mind’ cannot take the other person’s perspective into account, especially when discussing marital conflicts. Laws designed to prevent conflict can protect vulnerable families. For example, ‘no fault’ divorce and equitable financial settlements should resolve the ‘high-conflict’ divorce proceedings. But sometimes, an attorney unfamiliar with autism, may unknowingly exploit these families. Determining the appropriate parent to be awarded custody of the children, and the parent to play an active role in parenting, should be done by someone who has considerable experience with these matters.
< My Thoughts > “…exploit these families.”
Attorney exploitation may come as a result of not understanding why the parties cannot agree on one single thing that comes up for discussion. When one does not have empathy, nor a consideration of the other person’s viewpoint, due to lack of ‘theory of mind’, then the situation becomes impossible to resolve without numerous costly meetings. Of course, couples must reach some sort of agreement before meeting with the judge.
Note: More about ‘theory of mind’(ToM) in UNIT 3 Chapter 3.
Potvin, J. (2013) tells us about his very young daughter, Andrea – The TV was on, tuned to Andrea’s favorite show. I took another sip of coffee. It was still too quiet. I searched for Andrea, but she was not watching TV. She was not in her room either. I searched frantically, but no Andrea.
I went to the front door; it was wide open. The keys were in the lock. I knew Andrea had escaped.
Out in the street, cars swerved to avoid the kid in the diaper. Brakes were slammed, tires squealed. Andrea remained focused on the library. The darkness camouflaged her. The white diaper was the only warning to hurried drivers.
I had to find Andrea.
Just then, the police car pulled in my driveway with lights flashing. I ran outside and up to the police car. The officer asked if the little girl in back belonged to me. “Yes”, I stammered.
The officer said I had the neighbor to thank for Andrea’s pants and blanket that I didn’t recognize. I explained about the autism. I had the officer to thank for saving her life. Andrea was safe due to his swift reaction.
< My Thoughts > “…I had the officer to thank…”
Fortunately, this family was not under the court’s microscope in a custody battle. Potvin’s loss of his daughter, the neighbor’s involvement, and eventually having his daughter brought home by the police, would be very suspect to ‘neglect’. Especially, under normal circumstances, parental neglect or irresponsibility could be seen as a concern. Perhaps, even resulting in a referral to Child Protective Services (CPS).
In a ‘fictional’ story about 15-year-old Christopher, with ‘high functioning autism’ (HFA), Haddon, M. (2003) writes about his main character, Christopher – The police arrived. I like the police. They have uniforms and numbers and you know what they are meant to be doing. There was a policewoman and a policeman.
The policewoman put her arms round Mrs. Shears and led her back toward the house. I lifted my head off the grass.
The policeman squatted down beside me and said, “Would you like to tell me what’s going on here, young man?”
I sat up and said, “The dog is dead.” “And why were you holding the dog?” he asked. “I like dogs,” I said. “Did you kill the dog?” he asked. He was asking too many questions and he was asking them too quickly. They were stacking up in my head like loaves in the factory where Uncle Terry works.
< My Thoughts > “…asking too many questions…”
Rapid-fire questions, especially in a stressful setting, become – questions stacking up in one’s head like loaves in the factory where Uncle Terry works.
Haddon continues, "The policeman took hold of my arm and lifted me onto my feet. I didn’t like him touching me like this. And this is when I hit him."
< My Thoughts > “And this is when I hit him.”
Children with tactile, fight or flight, PTSD, or other sensory issues, often present in children with autism, can react quickly and/or defensively when touched or when someone comes within close proximity.
Sicile-Kira, C. (2014) says that a typical characteristic of children with autism is to become stiff when held, and uncomfortable when being touched. “This indicates that their ‘tactile’ sense is out of whack.”
She tells us that when interviewing well-known autistic, Temple Grandin she learned that – “From as far back as I can remember, I always hated to be hugged, it was just too overwhelming. Being touched triggered flight, it flipped my circuit breaker. I was overloaded and would have to escape, often by jerking away suddenly,” (from Temple Grandin, Thinking in Pictures).
Almanza, A., Rapp, J., et al. (2013) also quoted Temple Grandin who despised ‘hugging’ and saying that she designed a “squeeze machine” in her head to artificially suppress sensory overload. The famous machine allowed the user to experience deep pressure on both sides of the body, in order to relax; thus, controlling her neurosensory experiences.
Haddon, M. (2003) continues – The policeman looked at me for a while without speaking. Then he said, “Christopher, I am arresting you for assaulting a police officer.”
This made me feel a lot calmer because it is what policemen say on television and in films. Then he said, “I strongly advise you to get into the back of the police car, because if you try any of that funny business again, I will seriously lose my rag. Is that understood?”
< My Thoughts > “…if you try any of that funny business again…”
A perfect example of how ‘invisible disability’ might lead to the arrest of a person with autism. And one of why the parent will need ‘proof of guardianship’ to access this person who has been taken into custody.
According to Frekelton, I. (2013), Autism Spectrum Disorder, as defined in The American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM-5) can help clarify family, disciplinary, discrimination, and criminal law contexts. He stresses that insights into the behavior, and the purpose of the behavior, are crucial when it comes to interpretation by law enforcement, or the courts. This will require the help of experts to make a connection between conduct, capabilities, and skills when it comes to making criminal conduct decisions about persons on the autism spectrum.
Berryessa, C. (2016) tells us that a study of fifteen judges showed that knowing an ‘offender’ has High Functioning Autism (HFA) would be an important factor in sentencing them. If judges, juries, and other criminal justice professionals understand that possibly the offenders condition led to ‘committing criminal actions’ then it could be considered as ‘mitigating’ or ‘aggregating’ circumstances. Rather than focusing on traditional sentencing, they could order assistance, therapy or treatment for these offenders.
Some judges believed that ‘impulse control’ problems will lead to future offenses. One judge stated that he thought it should help to put the whole picture into perspective. This study showed that the majority of judges would rather order sentencing alternatives than to send the person with HFA to prison. While yet other judges felt that the courts didn’t yet have the formal tools to change sentencing outcomes.
< My Thoughts > “…’impulse control’…”
Some with autism need immediate gratification, due to an undeveloped, or underdeveloped ‘executive functioning’ part of the brain. Persons with ‘impulse control’, and/or lack of ‘theory of mind’, plus cognitive issues may result in future involvement with the police, and possibly with the criminal justice system.
Typical human brain cognition behavior allows us to process a great variety of complex information all at once. Minshew, N. & Goldstein, G. (1998) believe that when there is a potential deficit in this behavior, individuals with autism often have difficulties with increasing the number of cognitive processes needed for task performance.’ Another common feature of their cognitive processing is with difficulty in organizing information, especially as the information becomes increasingly more complex; or, is delivered more rapidly.
Realmuto & Ruble (1999) warn that “individuals with autism are at great risk for negative consequences and/or punishment with any display of sexual behavior. Public displays of sexual behavior such as removing clothes or touching private parts, in times of stress. Due to confusion as to the nature of this behavior, and initially considering the behavior to be ‘deviant’; consequences have been known to include loss of employment, loss of public transportation riding privileges, and even loss of placement in some residential settings.
Wright, D. (2019) says many people with autism can drive. But when pulled over in traffic, they may be slow to answer, unsteady or slurring their words. A person who won’t look you in the eye, who might be unsteady on their feet, agitated or pacing–police often tend to take these as signs of guilt, or at least of being under the influence of drugs. Officers learned that if they don’t smell alcohol, it’s okay to ask directly, “Do you have autism?”, said Chief Deputy Scowden. It’s fine for the officer to ask people if they are autistic. It can save a lot of misunderstanding.”
Police today are being trained to look for signs of Autism. Also, to check for bracelets or tags which may give necessary information about the person’s serious medical condition. Many children with autism also have epilepsy and sensory issues. Heat, sound and bright lights can trigger both seizures and panic attacks.
Persons with Autism exhibit these unusual behaviors and often try to run, may spin, rock, run around and may seem to be in pain. Some laugh, hum, sing, remove clothing, or refuse to be touched. Often times, both children and adults with autism do not comprehend pain or danger. Speaking to them in clear one or two word, easy to process commands may work best in this situation. Make certain to pass any information on to those who may be transporting the person to another place.
Haddon, M. (2003) has an example – When I got to the police station, they made me take the laces out of my shoes and empty my pockets at the front desk in case I had anything in them that I could kill myself or escape or attack a policeman with. I was also wearing my watch and they wanted me to leave this at the desk as well but I said that I needed to keep my watch on because I needed to know exactly what time it was. And when they tried to take it off me, I screamed, so they let me keep it on.
< My Thoughts > “…so they let me keep it on.”
Most parents experience relenting when any of their children, at any age, persevere on any subject until any sense of parental order collapses. And, ‘perseverance’ can be the number one coping skill with the person with autism.
Charlop-Christy, M. & Haymes, L. (1998) state that often the child will tantrum when the object of the child’s obsession is withdrawn or they are given only limited possession. Also, that there is an ‘immediate reversal of undesirable behavior when the object of the child’s obsession is returned.’
Roa, S., & Gagie, B. (2006) remind us that digital clocks and watches, Visual Schedules and calendars are also tools which help older children have the structure allowing them better social functioning. With many children the passing of time is an abstract idea; whereas concrete thinking and objects are factual. Therefore, the passing of time requires ‘abstract’ thinking and telling time on a watch or clock requires factual thought. Visual strategies, like visually keeping track of the time, help persons with autism stay centered, communicate appropriately and have more positive behavior. This also allows them to focus and helps to reduce their anxiety.
Vogel, D., Falter-Wagner C. F., et al. (2018) acquired the volunteered data from 26 adults with autism, who experienced deficits in social interaction, due to repetition or insistence on sameness.
The uniqueness of this study is that the researchers were interested in the ‘disruption’ of time on the participants. They were interested in how the effects of ‘disturbed neuronal timing’ changed ‘time perception’, ‘time production’, and ‘time experience’; thus, causing an interrupted ‘time experience’. An impaired perception of time, somehow changes the factual experience of ‘time’.
When adults with autism have an experience, which in prior times has taken a certain amount of time to be completed, but is now somehow disrupted, then it can become extremely disturbing to that individual. One of the reasons, researchers considered, was that persons with autism may have either a heightened, or decreased sense of time; this decrease is referred to as ‘hypo prior’. A link between the ‘time’ experience and the observation of ‘change’, or disturbance, is exacerbated by an increased or decreased detailed perception; creating a focused sense of change. This change, in turn, creates a neural disruption and the need for sameness.
< My Thoughts > “…need for sameness’.”
Some consider this to be a ‘novel’ hypothesis. But if you tell Sonny that we are going to McDonald’s for French fries, but you stop for gas on the way, then you can expect he will be banging his head on the window until we continue on our way to McDonalds. Now it makes sense that it is more about ‘time disruption’ than about where we stopped, or what we are doing. He’s not upset because he can’t wait to get his soda and French fries, but it’s about the time disruption involved with traveling from point A to point B. He needs ‘sameness’, and when he compares this trip to previous trips, it is not the same.
Note: More about Visual Schedules available in the book.
REFERENCES: UNIT 6 CHAPTER 4 – FAMILY LAW, LAW ENFORCEMENT, JUDGES & THE COURT SYSTEM
Almanza, A., Rapp, J., et al. (2013). Parents' Experiences of Applied Behavior Analysis (ABA); British Journal of Special Education; V40:4.
Barnes, E. (2014). Building in Circles: The Best of Autism Mom; eBook Edition.
Berryessa, C. (2016). Brief Report: Judicial Attitudes Regarding the Sentencing of Offenders with High Function Autism; Journal of Autism & Developmental Disorders; V46; 2770-2773.
Biggs, G., Simpson, M., et al. (2010). Using a Team Approach to Address Bullying of Students with Asperger’s Syndrome in Activity-based Settings; Children & Schools; V32:3.
Birt, E. (2019). Autism Law & Advocacy; Elizabeth Birt Center for Autism Law & Advocacy; Retrieved online from – www.ebcala.org/areas-of-law/family-law/
Byrd, K. & Payne, R. (2013). Lighting-Up Family Law in Blue: Autism’s Impact on the Family & Family Law; Retrieved online from – www.theneurotypical.com/divorce-and-the-law-related-to-asd.html/
Cea, C. (2014). Autism & the Criminal Defendant; St. John’s Law Review; Summer V88, p496-529.
Charlop-Christy, M. & Haymes, L. (1998). Using Objects of Obsession as Token Reinforcers for Children with Autism; Journal of Autism & Developmental Disorders; V28, p189-199.
Freckelton, I. (2013). Autism Spectrum Disorder: Forensic Issues & Challenges for Mental Health Professionals & Courts; Journal of Applied Research in Intellectual Disabilities; V26, p420-434.
Green, L. (2013). The Well-Being of Siblings of Individuals with Autism; ISRN Neurology; V:2013; Art. 417194.
Haddon, M. (2003). Curious Incident of the Dog in the Night-time; eBook Edition.
Janai, A. (2020). For Court Professionals; Autism & Family Law – Real Mixed-Neurological; Retrieved online from – https://mixedneurological.com/wp-content/uploads/
Kvesic, C. (2012). Cyberbullying: The Face of 21st Century Bullying; Christian Post; www.christianpost.com/
Laurence, B. (2018). Does the Law Protect Children &Adults with Autism?; Retrieved online from – www.lawyers.com/legal-info/family-law/
Miles, R. (2013). 3500: An Autistic Boy’s Ten-Year Romance with Snow White; eBook Edition.
Minshew, N. & Goldstein, G. (1998). Autism as a Disorder of Complex Information Processing; Mental Retardation & Developmental Disabilities Research Reviews; V4, p129-136.
Potvin, J. (2013). Autism Triple Twist: Survival Stories of Parents, Triplets & Autism; eBook Edition.
Realmuto, G. & Ruble, A. (1999). Sexual Behaviors in Autism: Problems of Definition & Management; Journal of Autism & Developmental Discord; V29:2, p121-129.
Roa, S., & Gagie, B. (2006). Learning Through Seeing & Doing: Visual Supports for Children with Autism; Teaching Exceptional Children; V38, p26-33.
Sicile-Kira, C. (2014). Autism Spectrum Disorder (Revised): The Complete Guide to Understanding Autism; New York, N, Y,: Penguin Random House Company.
Staff Writer (2019). Laws, Policies, & Regulations: Stop Bullying.gov; Retrieved online from – https://.stopbullying.gov/resources/laws/
Vogel, D., Falter-Wagner C. F., et al. (2018). Interrupted Time Experienced in Autism Spectrum Disorder: Empirical Evidence from Content Analysis; Journal of Autism & Developmental Disorders; V49, p22-33.
Waterstone, M. (2014). Disability Constitutional Law; Emory Law Journal; V63:3, p527-580.
Wright, D. (2019). First responders learn how to recognize Autism Spectrum Disorder; Retrieved online from – https://www.wtrf.com/news/local-news/first-responders-learn-how-to-recognize-autism-spectrum-disorder/
APPENDIX A Section 504 Plan
The Individuals with Disabilities Education Act (IDEA), along with Section 504 of the Civil Rights Rehabilitation Act, and the Americans with Disabilities Act (ADA), provide for exceptional needs and/or services.
Waterstone, M. (2014) advises us that the purposes of provisions in the Americans with Disabilities Act (ADA) law are to ensure that each person with a disability has every opportunity to become a full member of society.
Yen, J. & Mao, A. (2011) say that the Individuals with Disabilities Education Act (IDEA) is the primary law that is invoked when parents are trying to access services of their qualified family members from age 3 to age 21, for educational needs. It includes Family Educational Rights & Privacy Act (FERPA) and Least Restrictive Environment (LRE). There are procedural safeguards in place, and families of children and adults with autism may need legal help to navigate the system when attempting to gain access to these and other necessary programs.
< My Thoughts > “…procedural safeguards…”
All U. S. schools receiving Federal funds have preprinted Procedural Safeguards Booklets available, for the asking. Understand that a Section 504 Plan does not provide extra services, nor change the curriculum. Only an Individualized Education Program (IEP) provides accommodations, plus specialized curriculum, instruction, and services. Sometimes, the Special Education Department handles the 504 Plan. But, if the parents do not want the student somehow identified as having Special Education services, then the school Principal; or designee can be appointed to develop the 504 Plan, and necessary follow-up. Parents should always request a special meeting, if they feel that their child is not receiving the attention s/he needs.
Note: More about all ‘disability’ laws regarding disability services and public education on local, state, and government websites.
Staff Writer (2018) states that – your child needs a well written plan to be developed within the first weeks of school. For your part – provide all the data you have regarding your child. It would help to have a cover letter to request a meeting so that you can better understand how your child will be received.
Briefly, for children with disabilities, an Individualized Education Program (IEP) provides specialized instruction and accommodations. The Section 504 Plan provides accommodations, but not specialized instruction. The Individualized Health Care Plan (IHCP) would provide the student with access to the nurse’s office for medication, or other health care services.
From the U. S. Department of Education website, here are some of the ‘Frequently Asked Questions About Section 504 and the Education of Children with Disabilities’. An important responsibility of the Office for Civil Rights (OCR) is to eliminate discrimination based on disability, against students with disabilities. OCR receives numerous complaints and inquiries in elementary and secondary education involving Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794 (Section 504). Most of these concerns are with the identification of students who are protected by Section 504 and the means to obtain an appropriate education for such students.
< My Thoughts > “…identification of students…”
Parents often have questions about whether the Section 504 Plan will be enough to protect their child in a general education classroom setting. Identification of a Section 504 Plan ‘disability’ is necessary, so the student has the appropriate learning support. Recently, parents have been known to seek a 504 for their child who is having ‘gender identity’ issues, or undergoing gender transition and/or therapy. Also, U. S. students receiving Supplemental Security Income (SSI), may also qualify for a 504.
STUDENTS PROTECTED UNDER SECTION 504
Section 504 covers qualified students with disabilities who attend schools receiving Federal financial assistance. To be protected under Section 504, a student must be determined to:
(1) have a physical or mental impairment that substantially limits one or more major life activities.
(2) have a record of such an impairment.
(3) be regarded as having such an impairment.
Section 504 requires that school districts provide a free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental impairment that substantially limits one or more major life activities.
Here are some asked & answered questions from the U. S. Department of Education website, which may help you –
Note: The numbers below are as stated on the website, and do not reflect anything other than that.
22. Are there any impairments which automatically mean that a student has a disability under Section 504?
No. An impairment in and of itself is not a disability. The impairment must substantially limit one or more major life activities in order to be considered a disability under Section 504.
24. Does a medical diagnosis of an illness automatically mean a student can receive services under Section 504?
No. A medical diagnosis of an illness does not automatically mean a student can receive services under Section 504. The illness must cause a substantial limitation on the student's ability to learn or another major life activity.
26. What should a recipient school district do if a parent refuses to consent to an initial evaluation under the Individuals with Disabilities Education Act (IDEA), but demands a Section 504 plan for a student without further evaluation?
A school district must evaluate a student prior to providing services under Section 504. Section 504 requires informed parental permission for initial evaluations. If a parent refuses consent for an initial evaluation and a recipient school district suspects a student has a disability, the IDEA and Section 504 provide that school districts may use due process hearing procedures to seek to override the parents' denial of consent.
27. Who in the evaluation process makes the ultimate decision regarding a student's eligibility for services under Section 504?
The Section 504 regulatory provision at 34 C.F.R.104.35 (c) (3) requires that school districts ensure that the determination that a student is eligible for special education and/or related aids and services be made by a group of persons, including persons knowledgeable about the meaning of the evaluation data and knowledgeable about the placement options. If a parent disagrees with the determination, he or she may request a due process hearing.
29. Is a Section 504 re-evaluation similar to an IDEA re-evaluation? How often should it be done?
Yes. Section 504 specifies that re-evaluations in accordance with the IDEA is one means of compliance with Section 504. The Section 504 regulations require that re-evaluations be conducted periodically. Section 504 also requires a school district to conduct a re-evaluation prior to a significant change of placement.
30. What is reasonable justification for referring a student for evaluation for services under Section 504?
School districts may always use regular education intervention strategies to assist students with difficulties in school. Section 504 requires recipient school districts to refer a student for an evaluation for possible special education or related aids and services or modification to regular education if the student, because of disability, needs or is believed to need such services.
32. A student has a disability referenced in the IDEA, but does not require special education services. Is such a student eligible for services under Section 504?
The student may be eligible for services under Section 504. The school district must determine whether the student has an impairment which substantially limits his or her ability to learn or another major life activity and, if so, make an individualized determination of the child's educational needs for regular or special education or related aids or services. For example, such a student may receive adjustments in the regular classroom.
33. How should a recipient school district view a temporary impairment?
A temporary impairment does not constitute a disability for purposes of Section 504 unless its severity is such that it results in a substantial limitation of one or more major life activities for an extended period of time.
36. Must a school district develop a Section 504 plan for a student who either "has a record of disability" or is "regarded as disabled"?
No. In public elementary and secondary schools, unless a student actually has an impairment that substantially limits a major life activity, the mere fact that a student has a "record of" or is "regarded as" disabled is insufficient, in itself, to trigger those Section 504 protections that require the provision of a free appropriate public education (FAPE).
41. What is the difference between a regular education intervention plan and a Section 504 plan?
A regular education intervention plan is appropriate for a student who does not have a disability or is not suspected of having a disability but may be facing challenges in school. School districts vary in how they address performance problems of regular education students.
End of excerpt from the U. S. Department of Education website.
References:
Staff Writer (2018). Developing Your Child’s IEP; Retrieved online from – https://www.parentcenterhub.org/pa12
U.S. Department of Education (.gov) (2023). Frequently Asked Questions About Section 504 & the education of Children with Disabilities. Retrieved online from – https://www2.ed.gov › about › offices › list › ocr › 504faq
Waterstone, M. (2014). Disability Constitutional Law; Emory Law Journal; V63:3, p527-580.
Yen, J. & Mao, A. (2011). Laws that Affect Parents Raising a Child with Autism; Brown University Child & Adolescent Behavior Letter; V27:1, p1-6.
DISCLAIMER (2024) Know Autism – Know Your Child: with < My Thoughts > by Sara Luker; 2024
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