The Law Office of Lillian E. Wong
A Massachusetts Special Education Attorney

The Article:

Sensory processing disorder is real to thousands of kids - The Boston Globe

My thoughts:
I am interested to know what kind of services, if any, Ana receives from her public school. The Individuals with Disabilities Education Act (IDEA) and its Massachusetts equivalent seems like it should apply in this case. I am a special education lawyer and help children like Ana and her parents advocate for their legal right to free and appropriate education. While a DSM addition would certainly help children like Ana receive appropriate accommodations, it is not legally necessary.

This question was originally posted on www.avvo.com.  I have edited the original question.

Question:

My son was constantly getting suspended ... I told the principal I was going to be asking about if this was legal he told me that my son threatened a substitute... I know my son is no angel but they bring it on by segregating these kids that are in a special needs class.  They are not allowed with other students in pe. My son also has an IEP and add / adhd /odd.

 
My Answer:

Your question raises three interrelated issues:

(1) The Individuals with Disabilities Education Act (IDEA) mandates that children should be educated in the least restrictive environment (LRE) that meets the child's needs.    This means you have the right to ask that your child spend as much time as possible with his typically developing peers as long as your child receives an educational benefit.   For example, your child may be able to attend music class, field trips and recess with students in general education, perhaps with the help of a one-on-one aid.

(2) You should also make sure that your son has goals related to social skills in his IEP.  Perhaps the school could include him in a "Friendship Group," facilitated by the school counselor.

(3) Your child should also be given a functional behavioral assessment.  Based on this assessment the school should put a behavior intervention plan in place to help prevent and respond to your child's inappropriate conduct.

When parents request a necessary, but expensive program or service for a child the school district often claim that they don't have the funding.  This response has become even more prevalent during the current economic recession.   Not only is this excuse impermissible under the Individuals with Disabilities Education Act (IDEA), it may not be true.  A recent Wall Street Journal article reports that school districts have been "redirecting" millions of dollars meant for special education students.  What's more, President Obama has increased IDEA funding by $11.3 billion for the next year.  The bottom line: if your child has a disability covered by IDEA your child is entitled to a Free and Appropriate Education (FAPE).   Cost should never be a factor.