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

This question was originally posted on www.avvo.com

Question:

How do I get my Autistic son into an out of district school when the public school continues to ignore a doctor's recommendation?  My son is autistic and I have filed due process last year because of an incident that should not have occurred if he had not been moved to a school that did not have an adequate autism program in place. My son cannot ask questions, still points and moans when he is frustrated. He uses echolalia when talking, which is never in a full sentence. He is 8 years old and still has to wear a overnight pamper because he still doesn't fully understand the concept of going to the bathroom. My son needs one on one therapy, with ABA one on one, a behavioralist needs to be seen at school and at home because of his violent tantrums which are dangerous to himself and others. My son gets none of these services and the school continues to try and convince me otherwise. What do I do now? I'm will file again.

My Answer:

This sounds like a very frustrating situation.  Navigating the special education system can be difficult.  I applaud your determination.

As you certainly now realize, just because your doctor recommends an out-of-district placement for your son doesn't mean the school is required to provide it. 

In order to secure this placement you must establish (1) that the current placement is inappropriate AND (2) that the proposed placement is appropriate.   

The law defines "appropriate" as a place where your child can make "effective educational progress" in the "least restrictive environment."  Each state defines "effective educational progress" differently, so consult your state regulations and case law.  Because an out-of-district placement is less inclusive than your son's current placement, you must also prove that the out-of district placement is the least restrictive environment in which your son can make effective educational progress.

How do you prove your case?  With evidence - evaluations, classroom observations, and testing over time, for example.  I would strongly urge you to consult with a special education attorney before filing a due process request.  Good luck!  If you are in the Boston area, contact The Law Office of Lillian E. Wong today.

Just because your child receives testing accommodations on their IEP doesn't mean your child will receive accommodations for the PSAT, SAT,  AP Tests, or ACTs.  Most colleges and universities require some of these tests, so it is very important that your child's scores accurately reflect their potential.

The accommodations on your child's IEP or 504 plan refer to accommodations for school administered tests and for the MCAS .  Read more about MCAS accommodations here.

In order for your child to receive disability based accommodations on the PSAT, SAT, SAT II subject tests, or AP Exams you must first apply for accommodations with the College Board.   Use of accommodations without prior approval will result in the cancellation of test scores.  With limited exceptions, once approved for accommodations, students remain approved and do not have to apply again when they apply for another College Board test.   Apply Early!  Documentation is required and review can take approximately seven weeks.  PSATs and AP Exams may be administered during a child's 9th grade year.  Find out more information here.

Similarly, the ACT requires prior documentation and approval of testing accommodations.  Find out more information here.

This question was originally posted on www.avvo.com. 

Question:

He has dyslexia and spelling dyspraxia. He has been on an IEP since 7th grade. He has been extremely successful in high school and his only special ed classes this year are for lang. arts and a study period. He would like to attend college and we have done extensive research on colleges that will offer support services (which he would have to apply for). This year he is due to have his full battery of tests, but on the annual WIATT, he scored well and now they feel he doesn't need his IEP. Our concern is that without the support he receives his senior year he could be dramatically affected along with the assistance of his IEP documentation for college services, when applying for college.

 
My Answer:

In order to remain on an IEP you must prove that your child needs special education and related services.  Read more about gathering evidence in the special education context here.  Keep in mind that the law requires your child be given a Free and Appropriate Education (FAPE) not the best education. 

If the school decides to remove your child from special education, they must hold an IEP meeting because this is a change in placement.  In this meeting voice your opposition to this decision.  Now you must decide how you want to resolve this dispute.  Both parties can voluntarily agree to participate in mediation or you can request a due process hearing.  Either way, the school must continue to provide your child with the programs and services outlined in his current IEP until this dispute is resolved.  This right is sometimes called "stay-put."