Legal Question in Disability Law in California

My 4 yr old son has recently been diagnosed with an autism spectrum disorder, PDD-NOS. We had him evaluated through the school district last may and though he scored below average on everything he didn't qualify for services. His teachers were concerned because he dosen't make eye contact, does not interact socially with the other children (though he will play with mom, dad, and sisters), and his significantly behind other children his age. He is not even potty trained yet though we have been trying for 2 yrs. Finally, I went to far northern regional center to have him evaluated for autism. Now, the women at the school district says that she dosen't think he has PDD-NOS, just because at first glance you would never believe my son could be autistic. He is suppose to start kindergarden in the fall and I want an IEP with the school. She wants to assess him herself first, she is a psychologist. Can she evaluate him and decide he doesn't have this diagnosis then refused him services?


Asked on 2/07/10, 9:00 am

1 Answer from Attorneys
Elizabeth Karnazes New York Offices of Elizabeth Karnazes

She can and probably will do so. take your testing results in and tell her does not need more testing and it will be traumatic for him. Stand tough and insist on the IEP! You can ask the school if you need a lawyer to get them to comply. They will usually just comply if you say something to that effect. Statistics are 1/150 children now are born in the USA with ASD. This is a serious problem and your child will benefit from services. Fight for him. Even if he is high functioning or has Asberger's Syndrome, he needs to services for the best chance of success. Good luck and forgive my typos. The squeaky cog gets greased SQUEAK LOUDLY for you son!

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Answered on 2/12/10, 12:50 pm


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