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Question:
Our child is a student with high
functioning autism. After attempts to mainstream our child that were
not very successful, we agreed to a change in placement to a
self-contained classroom for emotionally impaired children. Our
decision was based entirely on the classroom teacher, who we knew to
be very experienced and had taught children with autism. Two weeks
before school started, the teacher left. Now we have a teacher with no
experience and no supports in place for my son. What can we do?
Answer:
Teacher selection is totally within
the control of the school administration. That is why the selection of
an appropriate program and placement independent of the classroom
teacher is so important. At the same time, under IDEA a parent can,
via the IEP process, request that the child’s teacher be trained in
their child's disabilities.
At the same time, if any new program and placement is proving to be
inappropriate, then the parent or the school staff should, in writing,
request the IEP Team immediately meet to consider modifications or
changes to the IEP. Such changes could include more staff training, a
full time para-professional assigned to the student if the student’s
behaviors present a risk to the student or those around the student, a
Functional Behavior Assessment and resultant Behavior Modification
Plan, etc. However, parents need to know that if the IEP Team refuses
to make the requested changes, in the absence of an agreement to the
contrary, the current placement that the parent recently agreed to
will remain in effect while any dispute is resolved via mediation or a
hearing.
Your question also addresses one of the major issues facing special
education. That is, what is an appropriate placement and program for
students with autism who are able to function at higher levels? In
these students, the classic autism manifestations are more muted, but
they frequently exhibit a significant lack of social skills and other
issues which can result in significant behavior issues. Many of the
experts I have consulted with regarding students with high functioning
autism (HFA) and students with Asperger’s do not see an ED/EI
classroom as an appropriate placement. In fact, some of the experts
are of the opinion that an ED/EI placement may be harmful to the
student.
The demand of parents with HFA students for more appropriate
placements and programs comes at a time when school districts are just
beginning to respond to the growing number of successful court actions
by parents that require expensive ABA and similar intensive therapies
to be considered part of an appropriate program for autistic students.
Now, the parents of the higher functioning students, and their
experts, are telling the schools that the classic self-contained
autistic or ED/EI are not appropriate for the student who is able to
function at a higher level, but at the same time the higher
functioning students still needs significant supports, including
highly trained teachers and support staff.
Hope you find these generalized comments helpful.
John F. Brower, JD
Education Law Center, PLLC
Law Office of John F. Brower
Brighton, MI
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