Kindergarten/tube feeding/and a big mess

[tingngabe]

I haven't posted on here in a long time. So I am going to give a brief background/update on my son Gabe.

Gabe is 5.7 years old. He has ASD, very high functioning. He started kindy this fall and it has been hell. I am going to step a few months back. In July Gabe decided he is going to live off of yogurt. And only yogurt. No solid foods at all. Between July 3rd and Aug 19th he lost over 8lbs and looked horrible. His GI doctor admitted him and started him on tube feeding.

We saw a feeding doc who feels it is a phobia compounded by the autism and restricted behaviors. We can't start feeding therapy until an EEG is done to r/o seizures. All in a nutshell.

Back to the school issue. Gabe has no educational dx of autism, just a medical dx. He is in a mainstream kindy with a one on one aide and OT and ST services and a sensory diet.

I have had to pick him up from school 2 times and he is now suspended because of behavior. Climbing shelves, trying to hit the principal, spittings, crying, screaming, rolling on the floor, running away from his teacher and parapro, hiding under tables, etc.

We have a meeting on Thursday to decided placement. I wouldn't mind an autism class....but I am afraid the school is going to try to place him in an emotional support class. I have nothing good to say about the ES classes run by our IU program. And I do not want my child placed in that class. He has autism, not emotional issues.

Can the school refuse to place him in an autism class and force me to except the ES class? If so, what are my rights?

Oh....and the school still hasn't done an FBA....

Thanks for your help.

[jdeekdee]

THey can't do ANYTHING until they do FBA and also a full evaluation. And if YOU don't agree to it, they can't do it anyway. The WHOLE IEP team INCLUDING YOU has to agree to this, per IDEA.

[bros]

FBA and BIP must be performed first.

[healthy11]

What state do you live in? Does your district have autism classes, as well as ES classes?

[tingngabe]

Good to know about the FBA. The only problem is Gabe is being physically aggressive in his current placement. They have had over two weeks to start and complete his FBA and BIP....and they haven't even started. I'm not sure what their excuse is.

I live in Pennsylvania. Some districts offer both ES and autism classes. My district offer a PDD class, neuro impairment class, ES class, and learning support.

Gabe just had a full psych evaluation completed at the end of last school year. They can't repeat that testing can they?

[healthy11]

"Gabe just had a full psych evaluation completed at the end of last school year. They can't repeat that testing can they?"

Generally no, the same tests can't be repeated within a year, HOWEVER there are usually similar tests that can be administered. (For example, a child who had a non-verbal IQ test given, like the UNIT, may have the C-TONI instead.) Are you in disagreement with the evaluation that was just recently done by the school? You can request an IEE (Independent Educational Evaluation.)

You mentioned that your son has a medical diagnosis of autism, not an educational one. What eligibility category is listed under your son's current IEP?

[michellea]

You mention that he has a medical diagnosis for AS, not educational. Is he on an IEP yet? If not, you must ask for a full evaluation, including a FBA and get him on the IEP. This will not only open the door to better services, but also protections given behavior issue.

Also, remember that if he has a medical need that must be attended to by a nurse or some other provider in order to participate in school and access the curriculum (ie feeding tube), this may also be covered under the IEP and would be reason to qualify him for special ed.

[tingngabe]

He does have an IEP. He has had one since 3. This summer we had such huge regressions that his IEP is in major need of being updated. That is also what our meeting on Thursday is about. It is a placement/IEP meeting.

His current qualification on his IEP is language impaired.

[michellea]

If you can observe the placement options prior to your meeting, I think you will be able to make a better decision. I would be concerned about the profile of the students, rigor and pacing of the curriculum, training of the teachers.

Before jumping to a special classroom, I would like to know what kind of other supports they could give to help support him in a more inclusive environment. IE - social skills training, speech and language, other academic supports etc.

Outline the regressions he has made, note the type of support you would propose and in the meeting note the school's response. This will help you keep track of what the school is offering and help you decide whether or not it meets what you believe is necessary.

Is he seeing any outside professionals such as a play therapist, OT, S&L? What have they recommended? Do you have any progress reports from them that you could share at the meeting?

[dihicks6]

Is he classified under OHI?

If he has a medical dx of autism, I would request an IEE so the educational implications of autism can be documented. Also without the FBA, you do not have enough info to make a placement decision and that's what I would tell them. I would also go to your meeting with a written request for PWN (prior written notice) on their refusal to do the FBA.

[SharonF]

I'm guessing the change in routine is what's suddenly caused the tantrums and struggles. Nearly every kid has a big adjustment going to Kindergarten. But people with Spectrum traits tend to struggle far more than neurotyps. And struggle for far longer.

It wouldn't surprise me that he started stressing about Kindergarten during the summer and that's why he suddenly stopped eating anything but yogurt. It's not that you did anything wrong as parents. Kids with Spectrum traits often ruminate or get very, very anxious. It's just part of the complexities of the Spectrum.

I would go to Thursday's meeting with an open mind but strong parameters. Listen to what the schools has to say. But make sure the meeting focuses on your son's unique needs--not on what placements they currently offer.

The pacing of the autism-only class may be too slow for your son. Or they may spend too much time focusing on language development--when that's not his true need.

Likewise, a special class for kids with emotional/behavioral issues might really help him with this transition. However, it's my experience that students in those placements often have very diverse needs. That can lead to chaos and distractions in the classroom--the opposite of what your son needs right now.

I had two kids with IEPs. My personal experience is that at every level, placement is *NOT* the complete answer. Placement is usually convenient for the schools. But the emphasis should be on the child's unique needs, not what existing class is best. That's why it's called an INDIVIDUAL Education Plan, not an "Assign to an existing placement" plan.

It's also my experience that most teachers do not fully understand the Spectrum. They assume all kids diagnosed as being on the Autism Spectrum have full, classic Autism. Or they assume that all kids with Asperger's are exactly alike--and need the same interventions. I realize it's very hard to be a teacher. But I wish teachers were given far more training to understand the nuances of learning differences. That's especially true of broad labels such as Autism Spectrum or ADHD.

[tingngabe]

How should I write a letter for PWN on the FBA? And how many days during the school year can they suspend a child like Gabe? He has been suspended for what will be 7 days on Thursday.

He is supposed to be receiving 2 days a week of speech as well....and so he is missing that time this week. Can I ask for comp time?

Thanks.

[dihicks6]

I would request that they remove the suspension from his record as they have committed a violation of IDEA by refusing/delaying the FBA which is what is causing the suspension (behavior). In addition, they are required by law to hold a manifestation hearing to decide if his behavior is caused by his disability. Has anyone notified you of this type of meeting?

Here is some info on this:

www2.ed.gov/offices/OSERS/Policy/IDEA/Discipline_qa.doc

This is the exact info from IDEA:

idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E530%2C


(d) Services

(1) A child with a disability who is removed from the child's current placement pursuant to paragraphs (c), or (g) of this section must--

(i) Continue to receive educational services, as provided in Sec. 300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP; and

(ii) Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.


So, here's what I would write:

Dear Principal:

The purpose of this letter is to document the events surrounding NAME's recent suspension for behavior issues. Gabe does have an IEP and there is an IEP meeting scheduled for DATE. IDEA requires that for these types of suspension, an FBA must be performed, which will, in turn, be used to develop an appropriate Behavior Improvement Plan, using positive behavior reinforcement. On DATE(s), I have requested that a Functional Behavior Assessment be performed for Gabe. As of today's date, the district has refused to do an FBA for Gabe. In addition, I am requesting a full educational evaluation for Gabe, per his rights under the child find regulations in IDEA. I believe that there may be other disabilities that have gone undocumented up until this point.

Therefore, we will not be able to discuss any type of placement decision at our meeting on Thursday, as we will not have the specific and individualized information we need to discuss an appropriate placement for Gabe. I would like, however, to discuss what is the district's plan to provide services for Gabe, thereby insuring FAPE, until this matter is resolved.

In addition, I am requesting that the district remove the suspension from Gabe's record, as had the FBA been done, this entire problem could have been avoided. I am fully aware that I could file a formal state complaint regarding the refusal of the district to perform the FBA, but I would like to first try and resolve it at the district level.

I look forward to working with the district to provide FAPE for Gabe.

Please place a copy of this letter in Gabe's permanent educational file.

Sincerely,

[tingngabe]

Thank you so much. I just sent it. I had to send it via email. I would have liked to send it snail mail, but there isn't enough time.

[michellea]

Great letter, dihicks. Glad you sent it off so quickly, tingngabe. If you can, I would hand deliver a copy to the school tomorrow, get it time stamped and get a receipt. If you can't do this, follow up with snail mail return receipt requested.

[tingngabe]

dihicks- I was reading some of the links that you gave me....and I am a little confused about the suspension days allowed by the school. Is it 10 consecutive days before they have to offer eduactional support while the child is on suspension or is it after 10 days during the entire school year? Because on Thursday it will be 7 days for Gabe...which if I understand the info would mean they only have 3 days left where they can have him on suspension without offering outside support?

I hope that make sense.

[bros]

A 7 day suspension because of behavior? That is ridiculous for a 5 year old.

They must provide itinerant teacher services after 10 days of the student being suspended.

[dihicks6]

You are correct, however, I would still ask what services they plan on offering as it looks like he will not return to school before the FBA is done???

[tingngabe]

So if they don't let him back in school how are they supposed to do an FBA? Isn't that to be done in the area where there is a problem? Gabe doesn't have severe behavior problems at home.

As far as lost services for speech and OT can I ask for the school to comp him for that time. He has a severe language impairment and sensory processing disorder. We already see a private therapist for speech and one for OT.

And I don't have to sign the IEP on Thursday...correct? Because "they" always make me feel like I HAVE to sign it.

And if he isn't allowed back before the 10 days...do they have a teacher come to him? Or do I have to drive him somewhere? I do work 2 days a week.

This is such a mess....
Oh and I got a generic email back from the principal saying "Received your email. We will discuss all our concerns on Thursday"

[dihicks6]

The FBA question is one you need to ask at the meeting, i.e., where will it be done, by whom, etc.

Yes, you can ask for compensatory services for the sessions missed and then request PWN when they refuse.

You do not have to sign anything except when you sign in, next to your name write 'attendance only.' Tell them you will take his IEP home and review it and let them know if you have any questions or concerns. IDEA does not require a signature on IEP's, just so you know.

Yes, they must have a teacher come out if he does not return within the 10 days. Print out the info from IDEA and take it with you, along with a typed agenda of what you want to cover. Ask the secretary to make copies (if you can't print out 7-8 copies) and pass it out at the beginning of the meeting. Use the PWN form that we posted here also.

If it would help, post your agenda here and we can assist you.

[dihicks6]

Don't forget to mention that you understand that if you disagree with any evaluations they do, you can request an IEE at their expense. You need someone qualified to do the FBA, here is a website to use:

cecp.air.org/fba/

[tingngabe]

Thank you for the info.

My agenda

FBA/behavior plan
Amount of Speech therapy
Sensory breaks-using heavy work/deep pressure
OT guided sensory diet
Personal aide-Gabe already has a wonderful TSS that we want to use in the school setting
Educational Evaluation-

Hmmm...I'm at work right now...but those are some of the things I have questions/concerns about....this is my first BIG IEP meeting....preschool was so easy....mostly did walk in services...with head start his last year....and we didn't neen a lot of supports

My other question....I would like to record the meeting because daddy can't be there....do I have to give them a notice that I am going to record the IEP meeting?

[healthy11]

Yes, you should.

[michellea]

I would suggest that you bring a friend along if you can. This will help you feel less alone.

Yes to giving them notice about recording. Some districts require two recorders - be prepared just in case.

[empeg1]

Remember, you do not have to sign consent at the IEP meeting. You can just sign that you attended the meeting, take the document home, read it carefully, have a chance to think quietly about what was said, and then decide what is best to do. I recommend that you do the above.

[tingngabe]

Meeting is over....Four hours long....whew.

I just have to say to dihicks....your letter spoke 1000 words....it was the very first thing we discussed at the meeting. So, the school will expunge his suspensions, but from what they say...he can only be suspended for 15 total days/year so if I expunge them they will start all over again....is that true? They asked me what I wanted to do about that.....I told them I would get back with them. And they only counted 4.5 days of suspension. I was counting the whole day even we he had to be picked up at 1PM I counted that as an entire day.

There FBA was just asking me a lot of questions and the IEP team that has worked with him...and they came up with a plan? Not really sure how that works.

They also wanted to know what other testing I wanted. I don't know! I don't know all those different tests. So I told them what my real concern was....should the need arise....I do not want Gabe in an emotional support class as that class is not sensory based, where an autism class would be (oh and we didn't talk about placement during the meeting....this was casual talk with the sped ed director and psychologist after the meeting) They were both VERY understanding of this and the sped ed director is going to check into the process as to how to change his educational dx to autism and not language impaired. She doesn't know if they have to retest or if they can just use his medical dx. I don't know either

They were all very helpful, friendly, and supportive....I should write them and let them know that? And recap what was discussed, just to make sure I understand everything.

Oh and at one point they said they weren't going to be able to give him the 90 min of speech therapy a week because they didn't think the therapist would have time....so I said that was fine I would just need PWN....Gabe will have 90/wk

It really is a lot to absorb....and I know I missed things...so I am going to have to go back and look over everything again. HIs IEP isn't finished....just a draft...so I didn't have to sign anything...just my attendence paper....

I just have to thank you all for every great bit of advice you have given....I felt much more confiedent going into that meeting....and I was determined it was going to be a good meeting....and it was....for now anyway

Thank you guys!

[dihicks6]

Hooray!!! Okay, here's my take:

'it was the very first thing we discussed at the meeting.'

Yup, mention the state boys and they (most of them anyway) will pay attention.

'...he can only be suspended for 15 total days/year so if I expunge them they will start all over again....is that true?'

In a word, NO, but for the sake of documentation, in your letter of understanding regarding this meeting, you repeat the above and ask for the written policy that supports it. I have known kids that were suspended for far longer than 15 days. They may have meant that a sped student cannot be suspended for longer than 10 days without certain things happening, but that's a far cry from what they actually said. My response would contain something along the lines of if his suspension is expunged from his record, and he is suspended again before the legally-required FBA is done, then you will have no choice but to file a formal complaint.

If you read anything of the site I posted for an FBA, you will realize in a heartbeat that what they did does not qualify for an FBA. The good part, however, is that you can disagree with their little ole' FBA and request an IEE in that area of need. The other thing is that the ENTIRE IEP TEAM should be involved in developing a Behavior Improvement Plan based on a thorough Functional Behavior Assessment. Another violation. I'm not trying to rack up violations, I'm just trying to show you what they are supposed to do, not what they have done.

As far as the evaluation goes, tell them you want a full educational evaluation that would include psych, IQ, achievement testing, speech/language. Others here will have input in this area. As far as an evaluation for autism, I would ask for outside testing for that as they are not qualified to dx autism.

Don't wait too long to do your letter of understanding, as things can get fuzzy pretty quickly.

Great job, MOM!!!!

[pandora]

They can expunge the suspension from the official record, but that doesn't mean he wasn't suspended.

I understand you don't want the so-called ignominy of a blot on your son's record, but actually, I think it's very good to have the suspension on his record, accompanied by your letter explaining the disability and need for FBA leadings to BIP so that school knows how to meet your son's needs in future. Your son's behavior is NOT misbehavior, but manifestation of disability — and those are two very different things. Suspensions on a kid's record before high school just kind of evaporate. High school suspensions, however, show up on your kid's transcript, so that's of some concern. (But more kids than you would imagine have a suspension in high school and still get into college and have successful lives.)

Nonetheless, you need to be vigilant about any time a school banishes a kid from school, whether for health reasons or behavior issues. Elementary schools often "send kids home" early because of behavior, but they may not write anything up. Nonetheless, here's the deal: if the school tells you they don't want your kid at school due to anything behavioral, then your kid has been suspended. You need to keep a calendar and carefully note any "informal" suspensions, because frequently sending a kid home shows the school is not succcessfully supporting your child, and they need to find a way to stop denying education and instead make education possible.

[jdeekdee]

''Oh and at one point they said they weren't going to be able to give him the 90 min of speech therapy a week because they didn't think the therapist would have time....so I said that was fine I would just need PWN....Gabe will have 90/wk''

Ahh, that PWN is a miracle worker LOL

Did you record the meeting?

[tingngabe]

Okay....so I want to send a letter to recap and thank the IEP team...but I am horrible at letter writing....my topics of interest in school science and math....not english or lit So I could use some help if anyone has the time....here is what I have so far. Not to mention, the letter I just sent that dihicks wrote was so good....I can't send some babbling foolish sounding letter after that!

Mr. A, Mrs. N, and Mrs. K,

Thank you for meeting with me yesterday concerning Gabe's needs. I left yesterday's meeting with a good feeling. I think everyone worked great at developing a plan to help Gabe access his education to his fullest potential while maintaing FAPE.



I would also like to recap our meeting just so I am sure I understand everything Gabe will be receiving and all supports that are in place for him.



- 90 minutes of speech/wk. Sixty min. pull out and 30min in class

- Sensory breaks which include heavy work, deep pressure. The OT is going to work on obtaining a weighted belt for Gabe during circle time/table time. The teacher will use a weighted backpack for transitioning out of the class room and while walking in the halls. Compression vest if tolerated by Gabe.

-15min/month for OT consult

- Positive reward/behaior chart

- Gabe will transition with all activities without disruption or non preferred behavior ie: hitting, kicking, spitting 100% of the time. (IEP goal)



If any of the above is not correct please feel free to contact me.