IEP Recommendation That Requires Leaving the Current School

[PettyC]

My son started kindergarten this fall in an ICT classroom at a public school. Although he had a tough time transitioning and dealt with separation anxiety for a week or so, he seems to have settled into the school routine (which was a lot better than pre-K). I requested an IEP for his speech delay and sensory seeking tendencies as he had been receiving private ST and OT while he was in pre-K. We had the IEP meeting recently and everyone agreed on an educational classification of autism, and the recommendation is for a special ed instruction in a 12:1 classroom which is not currently offered at this school. They also recommended seeing a developmental pediatrician. They informed me that while we wait for a placement, the school would provide PT and counseling, but that the ST and OT providers don’t have any availability. 

I’ve consulted with our private ST and OT and they agreed that my son would learn better in a small classroom with specialized support. The issue is I’m not sure which school will have a placement and when, and whether it will be the best fit for my son. I’m also trying to wrap my head around next steps as I’ve been looking into different options. 
 

My son doesn’t have any behavioral issues  is an early/advanced reader, but does struggle with speech, sensory issues, social/peer withdrawal and inability to engage in class without adult support. He is learning in school based on what we see at home, but he does not show it in school.

1. How important or valuable would neuropsych testing be in determining the best educational setting? It is very expensive and I would need to see if our insurance would cover some of it.

2. An alternative to a 12:1 special ed classroom would be a non-approved school in the Gersh Autism network, which is incredibly expensive and we would not be able to afford it without working with an educational attorney and sue the DOE. Would this be overkill if we feel our son has mild/moderate ASD?
 

[Carolyn Rowlett]

I am not well versed in autism, so hope others will chime in.  But I wanted to respond to the issues I see.

First, the ST and OT "not having availability" is not a reason for the school to refuse services if a need was identified in those areas.  The school can contract with an outside provider if necessary.

Second, a neuropsych would be helpful, but in the meantime could you ask for an IEE (Independent Educational Evaluation) because have concerns with the school's evaluation?  This would be at no cost to you.  It wouldn't be a neuropsych eval, but it could come back with some placement and/or accommodation recommendations based on needs and strengths.

Third, if you were to do a private placement and sue for reimbursement, I believe it would be the school district you would be suing and not the DOE, but I don't know your state laws.  I also think you would need to let the school district try the 12:1 special education classroom (and fail) before you would have a basis for requesting a private placement.

Lastly, while "while waiting for a placement," that doesn't mean the school can just avoid providing FAPE until then.  They need to do something to bridge the gap, such as an aide in the classroom.  Again, if they don't have the resources, they can contract with someone.  It would also be a good opportunity to see how he does in the general education setting with an aide supporting his needs.  That might be enough.

[JSD24]

I agree with what Carolyn wrote.  I have a child (now an adult) with autism.  A 12:1 classroom will often not cover the state standards and these kids tend to end up academically behind because the focus is on behavior.  Happened with a friend's child and she decided to pull to a virtual charter school.  Her child stopped needing behavior support and is now learning academics.

Kids like yours can end up being bored which can cause behaviors.  They can also model classmate's behavior and end up with a lot worse behavior than when they started.  There is also the matter of FAPE.  They must meet his needs now that they are aware of what he needs.  My district hires 3rd party therapists when they don't have staff to do what's in an IEP.  Paying for outside services is also an option.  They will owe comp ed services for what was missed waiting for a space to open.  (I think they count on parents not knowing what they are entitled to.)  Have you asked how they will make up what is messed while waiting for a slot to open?  Have you asked which schools have the 12:1 classroom that is his placement?  If they are full, they need to hire a teacher and make room for your child - provided they have an open classroom too.  Where are they in this process (or are they waiting for a family to pull their child or move)?  A private school that has a slot and can do what's in the IEP is a place your school can pay and have your child go there so they ARE getting FAPE.  Is this an option the school is looking at given they don't have an open slot?

Not sure where you are but in my area, a child who is 5 cannot get in to see a dev ped - doctors who take insurance do not take new patients who are school age.  There are others who don't take insurance but that's expensive.  I'd want accurate baselines with academics.  I wouldn't want to see his reading regress.  Did they do that?  Are you in a state that mandates gifted?  I've seen lots of kids like yours who are advanced and need gifted services.

The IEE is a great next step because I'm assuming they didn't look at his advanced reading ability.  That should be factored in with meeting academic needs.  (If they say no to an IEE, the school must take you to Due Process to defend their eval results.)  Neuropsych would hopefully be more comprehensive with understanding his needs.

[PettyC]

Thank you Carolyn and JSD24 for your thoughtful input! I wanted to share a couple of clarifications and follow-up questions. 

We live in NYC and the school system is just incredibly complicated.

1. The school noted that because their STs and OT are fully booked, that we would receive RSAs and we can work with a DOE-contracted provider for ST and OT, or see if our private providers accept the RSA (I doubt it). 
 

2. I don’t technically disagree with the school’s assessments since I’m aware that my son gets overwhelmed when there are too much sensory stimulation in a class filled with almost 30 people (adults and kids combined), and this manifests as him appearing disengaged, unfocused or needing a walk. 
 

3. I actually forgot to ask about getting an aide for him but that wasn’t brought up as an option even though they noted that he needs consistent adult support. I’ll reach out and ask!

4. @JSD24 I have the same exact concerns about a 12:1 classroom since it would be 1 special ed teacher with 12 kids with varying abilities. My son cries or whines when he doesn’t want to comply with demands but not to the point where it’s disruptive. The school did say that if I tour the new school and that I don’t like it, I can reject the placement and then it’s back to waiting. In the meantime they are recommending ICT plus SETSS. 
 

5. With respect to his reading skills, their assessments did rate him as extremely hush/superior, but because he’s behind on expressive speech and his performance in related areas depends highly on his motivation and focus, they feel that he needs a lot more support than the school is able to currently offer. 
 

Because the majority of the IEP was spent on discussing his weaknesses and needs, I feel like I’m not even sure if keeping him in the same school would be in his best interest. Perhaps to both of your points, getting a neuropsych test in this case would offer a more objective recommendation. Thanks again!