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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 113361
Experience:  Attorney handling education matters.
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What does the gh school do with an autistic student placed

Customer Question

What does the high school do with an autistic student placed on an IEP that doesn't pass the 4 out of 5 tries for each core class. The school does not want to place the student in a special education school. I have asked for the school to accept homeschooling grades and give her a certificate. I have told the school I have to help the student with all the homework and tests, and I worry they could flip that on me for not all her own work, but I know they are learning from that.
The school does not acknowledge the autism, but states it as emotional disturbance instead. I have given them a doctors note, and have testing scheduled in December. The Child Find was suppose to make the school do the testing. They did GARS @ for autism the teachers said Autism, but she was too old for the diagnosis. The Doctor told them that the ADHD at age 4 has identical symptoms and that it was misdiagnosed, but the school does not acknowledge. The testing will also show a low IQ, but it do to autism and not that the person was born with a low IQ. The low IQ means they don't have to teach to their learning problems and is an out for the school system. They school can accept or deny what your doctors state.
I feel like the school wants to drag the schooling out until the student fair or is in trouble of some kind. It has been 2 years of this and the student is almost 19. DORS is suppose to get involved in January. I am clueless of what the path is for this student, and what will become of them.
Do you have any insight to what to do and the cost involved for the 2 and 1/2 years left of high school. I feel like the teachers, and doctors want to label her in detail instead of a detail plan to train the student who requires one on one, more than the school can offer they state.
I have friends that the end result after all their efforts was to institutionalize the student, at $60 -$100k per year instead of "fold napkins at a restaurant" or something. That sounds awful. Isn't it better to train kids to work at something then plan on failure. Advice please.
Submitted: 1 year ago.
Category: Education Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The school must provide the student with any type of tutoring or special assistance that he needs to succeed. If he requires a special education program, then the school has to provide that. You are entitled to file a written request for a due process hearing, which is where you get to present your evidence to a independent reviewer as to why he needs to be in a special program or have special tutoring and they must provide this whether the school likes it or not.

The due process hearing is what you use under the IDEA to get a child help they need when the school refuses to provide such assistance that they are required to do so under the law. You present a written demand for due process hearing to the IEP coordinator and send a copy to your state department of education. The school must then arrange for the hearing. At the hearing you need to have an expert testify as to what she needs and the school is not providing in order to succeed in the case and you would do better by getting yourself a local education attorney to represent your daughter in the due process hearing.