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Biji:  My 9th grade son was diagnosed with ADD after retained in 2nd grade. Assessed for Gifted 2 years ago. This year he was diagnosed with ASD, no intellectual impairment, in addition to his ADD and Gifted. Social and behavioral were not addressed. He is super smart, very disorganized, takes long to do written assignments, difficulty expressing himself verbally and written, is socially awkward. With going to a gifted, highly acclaimed school, they are refusing to provide him certain accommodations that would help him, but  is provided extended time. NOT following the IEP to provide him with notes, photograph the homework board, abridged tests/assignments/quizzes, and no ESE small group for organization. NONE of this is being done!

He is penalized for turning in ‘late’ assignments, gets partial notes, some pull out once a month, no small group, no modifications on tests, etc. Refuse to allow him to have an audio recorder. They are trying to fail him so they can put him out of the Magnet Program which he LOVES.

How do I get the school to adhere to an IEP, include actual goals and accommodations, and get them to work with me not against? I don’t want to have him change schools again, but they are refusing to provide his accommodations.

  1. My son is in 6th grade self contained general education class. He has Autism and one accommodation is assignments can be turned in late. However, his teacher has been giving him zeros or deducting points for late work. I have held meetings at the school and have written letters and am getting no where. School responded that the teacher is in charge and he will make the decisions that are the best. The teacher will also decide if he feels like following the IEP! Yes this was said to me. When I mentioned that this is denying my son a FAPE and that there are Federal Laws they look at me and scoff. Should I ask for mediation or request for a due process hearing? Thank you

    • I suggest contacting the special ed director, if you have not done so. If this does not solve the situation, you can make a complaint to the state education agency &/or ask for mediation. It is usually better to do due process, if these fails to resolve the situation. The district should have given you a document that discusses these options. Your state parent training and information center can assist you in understanding these options.

  2. If this is a private school you don’t have much you can do. If it is a public school you will need to schedule an IEP meeting to discuss the issues & remind them they must by law follow the IEP (accommodations and modifications). If you get nowhere you may need to seek consultation from and expert (either an advocate or attorney).

  3. Implementation is a big deal. I would send a brief and nice e-mail to your child’s case manager asking it feels like things are not in place. If you’re not happy with his/her reply, send another one, cc the principal, and ask for any and all records that document implementation. If things don’t get better, request an IEP team meeting. If all else fails, file a compliance complaint with your Dept of Ed. Be super nice in your e-mails and at the meeting, in case you end up filing a complaint. Remember that when people do things (like forget to implement an IEP), they look bad and feel bad. Its common for service providers/teachers to say your kid doesn’t really need them-cognitive dissonance at its finest.

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