selective mutism iep eligibility

[Shelby]

I am working with a family with a first grade child diagnosed with selective mutism ( IN Pennsylvania).  She is also gifted.  The school is insistent using emotional disturbance as eligibility instead of OHI.  She does not show any behavioral issues or outbursts.  She has anxiety that manifests as SM.  I am hoping to avoid mediation but the school is being hard nosed on this sticking point.  We pointed out that anxiety is a chronic health condition and that she has heightened alertness to social anxiety which is OHI.  We also tried to advocate for speech and language under the argument that she has a communication delay in that she is not using speech in a socially pragmatic way.  They are claiming she is ED and stating she has an inability to build or maintain satisfactory interpersonal relationships with peers and teachers.  This is untrue in that she does have a relationship and communicates with her teacher and a couple of peers.  She has made 2 friends on her own.  There are no inapropriate behaviors or pervasive feelings of unappiness or depression that would be apparent if she was truly ED.  Any tips on how to get them to back away from ED and embrace the more appropriate OHI category.

The second question is the school is saying if they don't agree to the full IEP recommendations including the ED label that she can't get gifted.  Parents are willing to agree to the gifted IEP and are okay with staying with a 504 for the anxiety but the school said no partial acceptance.  All or nothing.  They simply want OHI instead of ED.  I have advised them to sign they don't agree on the NOREP and ask for another meeting.  I advised them to ask for invited the district level special ed coordinator to see if we can come to an agreement.  IF not I suppose it will go to mediation.  Can the school refuse to allow her to get gifted IEP services if parents refuse to agree to ED?

 

Thanks