Recently, I have heard (far too many) stories from parents that the schools are taking away services from their child and/or denying providing services because the school does not believe the child’s diagnosis. This is wrong and illegal on so many levels, but I will adress the three (3) most important reasons why schools should never deny or reject a child’s diagnosis.
1. Only licensed physicians (medical doctors, doctors of osteopathy, and/or nurse practitioners depending on your state law) may provide a diagnosis and most IEP team members from the school district are NOT licensed physicians (school psychologists are not licensed physicians).
As an example, in New Jersey (and most states have similar laws to my knowledge) a person must have a license to “practice medicine or surgery”. N.J.S.A. 45:9-6. Diagnosis is practicing medicine. N.J.S.A. 45:9-5.1.
If one of the school staff suggests or takes the position that your child doesn’t have a diagnosis that has been confirmed by a physician, ask such person if he/she holds a physician’s license in your state.
2. Many diagnoses are “hidden” disorders or neurological problems, but should not be denied simply because you can’t “see” them.
If a child has Down Syndrome or Cerebral Palsy or Muscular Dystrophy or is an amputee, the disability is likely obvious. (I prefer not to automatically assume it is.) However, many disorders like Autism, ADHD, Generalized Anxiety Disorder, Dyslexia, Cystic Fibrosis, Sensory or Auditory Processing Disorder, Krohn’s Disease, Depression, and others are what I call “hidden” disorders because they are often not obvious just observing a child. This is another reason that only licensed physicians who understand what tests need to be performed in order to make the proper diagnosis should do so. I’ve heard teachers and school administrators (people who should know better) say, “But [he/she] looks normal!” What an awful comment about a child with a disability.
Frankly, I can’t understand why school personnel even question this. For example, I have diabetes – a neurological disease. Looking at me, you would not know this. I do long charity bicycle rides of 70+ miles. Most people would say, “He seems fine.” While that may be the outward appearance, does it mean that I don’t have diabetes or that the disease does not affect me? It is wrong to deny that.
The huge problem with this is that when services are denied because the school does not observe the disorder, the child’s disorder may have devastating effects. Children with Autism may have meltdowns; children with ADHD may be distracted in classes; children with Auditory Processing Disorder may become disoriented or frightened; children with Krohn’s Disease may become exhausted; etc. Once this occurs, access to education is impeded. This is exactly what IDEA, 504, ADA, and other laws are designed to prevent.
3. Schools may respond that they don’t witness how the disability impacts the education, but they also don’t see the aftermath when the child arrives home.
While it is true that under IDEA and 504, there are two parts to the question: (a) does the child have a diagnosis that fits them within an eligibility category? and (b) does the child need special education and related services or accommodations because of the disability? 20 U.S.C. 1401(3)(A); 29 U.S.C. 794.
However, children have amazing capacity to overcome their disabilities. In colloqual terms, they can “hold it together” during school hours, but then come home and “let it all out”. Children know home is their “safe space” and if anxiety, frustration, fear, depression, anger, or similar emotions build up during the school day because the disability is not being recognized by the school, the parents must bear the brunt of those released emotions in the home.
In fact, the U.S. Department of Education issued a guidance letter that states “IDEA and the regulations clearly establish that the determination about whether a child is a child with a disability is not limited to information about the child’s academic performance.” USDOE Guidance, Letter to Clarke (2007). That means behavior should also be considered – whether in school or in the home, because remember a parent is a critical member of the IEP team. 20 U.S.C. 1414(d)(1)(B)(i).
Conclusion
Schools should not reject a child’s diagnosis made by a licensed physician because (1) it is unlikely that an IEP team member is a physician; (2) just because they can’t “see” the disability doesn’t mean it’s not there; and (3) they need to consider all effects of the disability, including behaviors at home triggered by the failure to address the issues at school.
If a school rescinds services to your child under an IEP or takes away the IEP because they don’t believe your child has a disability, contact a special education lawyer ASAP.
That’s a good point that most school officials aren’t qualified to dismiss a doctor’s diagnosis. My friend has been concerned about her daughter’s special education program. She may have to hire a lawyer to resolve the issue.
Is there’s law about unexcused and excused absences can be held against a child who is autistic and medical diagnosis of juvenile arthritis.
This is an excellent, but tricky question because IDEA does not deal with absences specifically. That is usually state school law or policy. However, three thoughts: (1) if a child is prone to absences due to his/her disability, then that should be discussed at the IEP meeting and accommodations placed into the IEP; (2) consider home instruction (“homebound services”, not home schooling) for the periods the child will be out. The law says that special education includes instruction in the home if necesasry. 20 USC 1401(29). Check your state law or school policy on homebound instruction; and (3) I have argued that under a legal doctrine called “federal preemption” (that arises out of the Supremacy Clause of the U.S. Constitution) that IDEA protections for kids with disabilities prevails over state truancy law. This argument is currently pending before several courts, so I don’t have a definitive answer for you on this issue, but I would argue that a child whose disability causes him/her to miss school should not be considered ‘truant’. This is not legal advice for your situation, but just some legal positions taken in other cases.
I’m so glad to find this article and to know that we’re not the only one experiencing schools denying a child’s medical diagnosis. what happened to us is beyond belief. our child has an ASD diagnosis by one of the most renowned Children’s Hospitals in the nation at an early age, and received various services and therapies over the years. As a result she can be almost indistinguishable from other children when put in a general, child-friendly environment for a short period of time.
But starting all-day kindergarten she struggled to have her basic needs met such as eating lunch and using the restroom on her own. As a result she started losing weight and had multiple potty accidents. We filed for a 504 Plan, submitted her entire assessment/diagnosis report by her medical team at the Children’s Hospital, and requested accommodation from school staff such as guiding her to use the bathroom and encouraging her to eat lunch and allowing her to drink her breakfast milk in class as a nutritional supplement. The 504 was approved but never truly implemented, she continued to have some potty accidents and always came back with her lunch half-eaten. When we checked in with the school on it, they told us they were understaffed and couldn’t do more. Therefore we never even complained to the school, just used our own solution such as having her finish her lunch after school to make up for the calorie loss. Near the end of school year she was so anxious about the end of school performance that after drinking her breakfast milk outside the classroom she vomited on the school’s new carpet. school staff came out to complain to her father for letting her drink and vomit on the new carpet. Her father explained to the school staff that she has a 504 Plan which includes letting her drink milk in or near class.
Several days later, after school had just ended, we had a surprise visit by Child Protection Service, claiming that they received a report by a concerned party that we forced our daughter to drink milk which caused her to vomit. After investigation, the CPS closed the case with no finding of abuse or neglect, and we obtained a full report from the agency. The report clearly indicates it’s the school staff who filed for the report, not only so, they denied that our child has autism, and claimed that even though they have seen documentation for her diagnosis from the Children’s Hospital and her 504 Plan, the school does not believe that this diagnosis is accurate and that our child “is very smart and shows no typical signs of autism”. They also said that my child’s diagnosis was from when she was much younger (implying that she’s grown out of it, which shows complete ignorance of ASD by this school staff) and that our child is of healthy height and weight (an unfounded assumption as the school never weighed or measured her), implying that she did not need to drink milk and we were forcing it on her. Furthermore, this school staff member repeatedly alleged the parents of possibly having Munchausen’s by Proxy syndrome (a mental illness where parents pretend their child is sick to gain sympathy). This school staff also expressed more than once in the report their concern for the carpet that my child had soiled/may continue to soil in the future.
It was incredible. Clearly the carpet was much more important than my child’s most basic needs and that’s how far this school’s staff would go to protect it. We’ve pulled our child out of this school but the damage to our family is beyond measure. Our child was terrified by the CPS’s visits and had nightmares about them that caused unprecedented meltdowns that needed medical attention. We’ve talked to a special education lawyer in our state but they said it’s more of a civil case and they did not believe we could find any civil lawyer to represent us.
We’ve talked to other parents who have had complaints about this school’s administration, though none of them were near the level of what we went through, they all expressed similar opinions that this school does not care about our children nor do they respect the parents, and would go to lengths to protect their own interests. Our new school (a charter school) seems to be a lot more willing to accommodate and so far it’s been good and our daughter seems much happier. I want to move on with my life but it is hard to just let go of this unjust and wrong doing by a public institution, funded by our tax dollars, that’s supposed to help and protect our children and yet instead they use whatever in their power as a weapon against anyone whom they dislikes. It is unbelievable.