Professional Documents
Culture Documents
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This information is being provided as
general educational and informational
purposes only and NOT for the purpose
of providing legal advice. It is not to be
used as a substitute for personal legal
counsel.
Presentation Overview
Difficulties in Advocating
What to Advocate For
The Law
Sample IEP Goals
Working with Experts
Sample Advocacy Script
“High functioning”
Significantly Verbal to Very Verbal
Average IQ and above
Behavior can be appropriate at times
Diagnosis includes: “High functioning”
“High Functioning”
Newsweek (2/28/05) defines:
March 7, 2005
We would like to see more attention given to issues affecting children and
adults at all levels of the Autism Spectrum........ On the higher-functioning
end (including Asperger Syndrome) problems may be quite different, but
just as frustrating. The remarkable potential of some individuals with
Aspergers was highlighted, but that potential represents possibility and not
the overall reality of the many difficulties these adults face….”
Difficulties in Advocating
“Nightmare at Recess.”
Willfully misbehaves
Plain Lazy
Just seeking attention
Manipulative
A perfectionist
Just immature
Difficulties in Advocating
You are “Bad.”
Too emotional
Overprotective
You fail to discipline adequately, consistently,
properly, etc., etc.
Your low expectations cause the child’s behavior
You are asking for too much
You don’t know that much
Difficulties in Advocating
HF ASD children's needs are not that “bad”
compared to other Spectrum children.
Difficulties in Advocating
They’re All Alike.
“Appropriate”
Child’s Potential
What About Grades?
IEP must be “reasonably calculated” to
enable the child to achieve passing marks
and advance from grade to grade.
Will your child be a victim of ridicule and ostracism among mainstream peers?
Will your child have improved or lowered academic achievement among non-
disabled peers?
HF ASD children may be socially aware enough to feel failure and isolation when
comparing themselves to typical peers in class. If separated, they may develop
pride in individuality.
“High Functioning ASD” Cases
Losing the “autistic” classification
Cases finding FAPE was denied.
Cases finding FAPE was provided.
Other
The “Autistic” Classification
S.N. on Behalf of K.N. v. Old Bridge (NJ) Township, The Administrative Law
Judge upheld the school district’s denial of classifying an Asperger’s child as
“autistic.” The ALJ found that the child was high functioning, attempted to
engage others, and had well-developed expressive language. The ALJ
instead upheld the classification as either “Other Health Impaired” or “Specific
Learning Disability,” based on symptoms of ADHD.
The due process hearing officer found the IEP appropriate because the child
did have higher than average marks, had advanced in grade levels, and
was being teased less by her peers.
However, the District Court found the IEP inappropriate. The court relied in part
on testimony that stated that (1) the child required a small classroom
setting (2) that social progress could not occur because the child’s
behavior would prevent other children from including her, and (3) that
the aide was not sufficiently trained.
Found FAPE Not Provided
One expert testified, “These children can be
misrepresented as appearing to be achieving in a
very concrete way, because they have a certain
aptitude and ability to be loquacious...But that’s
misrepresentative of what they’re actually able to do,
specifically related to academics. Executive function
disorder is a major impairment that besets Asperger
children. So they can’t utilize information that they
do know. And the information is usually in
splinter skills which really don’t allow them to
function well in reality.”
Found FAPE Not Provided
Neosho R-V School Dist. v. Clark, 315 F.3d 1022 (8th Cir. 2003)
An Asperger child was denied FAPE because of the lack of a proper
behavior management plan, preventing the child from further
mainstreaming and further academic progress. The child had been placed in
a self-contained class, with a full time paraprofessional, with mainstreaming in a
music class. The special education teacher and paraprofessional attempted to
manage his behavior based on a checklist, but lacked a formal plan that included a
functional behavior assessment and an appropriate system of consequences and
reinforcements.
The School District argued that the child’s report cards proved educational success,
but the court found that the reports did not indicate at which grade level
the child was working at any given time or over which period of time, and
that his ability to progress to the next grade level work was only possible with a
great deal of help from the paraprofessional. Every time the teacher advanced the
child’s work to a fifth grade level, the behavior problems forced the teacher
to readjust the work back to a third grade level in order for the child to
perform independently.
Found FAPE Not Provided
The court concluded that the lack of an
adequate behavior plan prevented the child
from receiving a benefit from his education
and from interacting with peers in an
acceptable manner.
Found FAPE Not Provided
D.C. v. Lawrence Township Board of Educ., OAL Docket
No. EDS 50-04 (N.J. December 29, 2004).
The ALJ found that placing a 15 yr old child with Asperger’s,
among other disorders, in a mainstream setting with an
aide and a special education teacher appeared
“destined to failure,” and awarded the parents’ tuition
reimbursement for a unilateral placement in a private
school.
The ALJ found that the child made “significant progress” in
the private placement and rejected the School Board’s
assertion that the progress was a result of new medication
because there was no medical testimony to support that
claim.
Found FAPE Was Provided
Kings Local Sch. Dist. v. Zelazny, 325 F. 3d 724 (6th Cir. 2003).
A ninth-grader diagnosed with Asperger’s, OCD and Tourettes
was receiving good grades throughout his IEP. He participated
in small group settings in both resource room and mainstream.
The parents brought a due process hearing because their child
was being “repeatedly victimized and teased at school.”
They reported that his behavior at home deteriorated and
physical manifestation of disorders had increased. Although the
parent complained that life was a “living hell” once the child
got home from school, the court found that this was not
related to educational issues.
The court also reasoned that the child continued to have
passing grades, and had slightly less discipline problems than
the year before. The court concluded that the IEP constituted a
FAPE and reimbursement for private school was unwarranted.
Found FAPE Was Provided
Adam J. V. Keller Independent Sch. Dist., 328 F. 3d 804 (5th
Cir. 2003).
A high school student with Asperger’s was considered
academically “gifted,” but had serious behavioral problems. The
District proposed that the child remain in special education
classes, with a full time aide, with the option of enrolling in
mainstream classes, and training would be given to parents and
teachers. The parents contended the child was being denied a
FAPE because he was seriously under challenged
academically and had only made incremental progress in his
behavior. The court “sympathized” with the parents’
frustration that the child’s courses had not been
sufficiently challenging, “given the child’s ability and
aptitude.” Nevertheless, the court found the IEP constituted
FAPE.
Found FAPE Was Provided
Lewisville Indep.Dist. v. Charles W., 2003 U.S. App. Lexis
24429 (5th Cir. 2003).
M.C. v. Central Reg’l Sch. Dist., 81 F.3d 389 (3rd Cir. 1996)
(education involves emotional, social and physical growth);
Venus Indep. Sch. Dist v. Daniel S., 2002 US Dist LEXIS 6247
(N.D.Tex 2002) (despite gifted intellectual status, child still
entitled to special education services of social skills training,
short term individual psychotherapy and behavior
management);
Related Services
Behavioral interventions and support
Psychological services (but not psychiatric)
Social Skill training
Extracurricular activities
Speech and Language
Occupational Therapy
Physical Therapy
Transportation
Assistive Technologies (Alpha Smart, Voice Recognition
Software)
School health services
Parent counseling and training
The Child Study Team
Consider CST recommendations
Willing to testify?
Expert Reports
Give expert list of specific issues to address.
The report should be well reasoned.
Retaining Experts
What (observe, write, testify)
When
Obtaining permission
Notice of cancellation
Termination
Fees and costs
Sample retainer letter in hand-out
Conclusion
Emerging media may help educators see HF
ASD children as a specialized subgroup.
In the meantime……….
They say, You Say
He/she was “fine” talking with me.
Experts agree that these children tend to be comfortable
with adults. Have you seen him/her with peers?