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Legal Issues
A MyAutismTeam Member asked a question 💭

Does anyone else have problems with the school turning behavior issues into legal matters and giving your child a juvenile record. asking for current diagnosis because they refuse to accept the diagnosis you already have?

posted June 8, 2014
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A MyAutismTeam Member

If your child has an educational diagnosis then yes she can lose the label. You need to make sure you have a medical diagnosis to ensure this doesn't happen.

I'm not understanding how there are legal issues if she hasn't physically hurt anyone. Is she getting physical at all (ex. destroying the room or property)? What exactly are the legal charges?

I have been in the situation where I have had to call in the Police (we call in our truancy officer and he decides if more action is needed). For example I've had as student climb to the top of an 8ft cabinet and throw things at us. We were unable to safely get him down and he was threatening to let himself fall. Another case I had a student refuse to get on the bus we called the mom to come get him and she refused. She stated have the cops bring him home. We called in our truancy officer and he talked her into coming and getting him. I've also had many occasions where I've had to restrain a child but at some point it became too dangerous for both me and the student so we had to call in the police. As many encounters as I've had, only 1 had charges placed against the child (child punched me and broke my cheek bone, then stabbed me with a pair of scissors). I appeared in court and requested no charges just a more restrictive school placement. Note I've been stabbed by students 5 times in my teaching career and only 1 case resulted in legal charges.

posted June 9, 2014
A MyAutismTeam Member

Once a child is diagnosed they are diagnosed, autism cannot be cured so the diagnosis is good for life. This sounds to me like they are making an excuses because they want to get rid of your child. I have heard of this happening before.

All that being said if your child is hurting other children something needs to be done because that cannot go on. If the child's behaviors cannot be controlled then other options must be considered. You did not give much for details so I am not sure what else to say

posted June 8, 2014
A MyAutismTeam Member

No they cannot take the medical diagnosis away if it was given by a Dr. What they are doing is reevaluating and changing what they believe from an educational standpoint and those are two different things. In the eyes of the law if it came to that your child's medical diagnosis trumps theirs.

If you do not have a medical diagnosis then you need to get one. Both my children have a medical diagnosis and they both get SSI so they are legally disabled and the school cannot change that.

If your child is in fact the victim here then you need to find out who the director of special Ed is in the district and complain to them and the superintendent of schools and threaten them with a lawyer even if you do not have one. You have to fight back do not let them push you around it sounds like they are trying to get away with something.

posted June 8, 2014
A MyAutismTeam Member

they can take the diagnosis away. some children progress so much they no longer qualify for the diagnosis or services

posted June 8, 2014
A MyAutismTeam Member

Actually my child is being bullied into completing things for them that make it appear she is the offender. she has not physically hurt anyone

posted June 8, 2014

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