School say "he's just naughty"

[DinkyMole]

Ds1 is 9. Finally diagnosed as autistic last week after having problems since about age 4. He was excluded for losing his temper, trashing a classroom (books, tables etc upturned) 2 weeks ago.
Today they've called and asked us to collect him again. He didn't want to come in from playtime. His "cool down" area is the toilet...

He doesn't really "get" rules or why other people are "in charge". The school have said they don't think this is his ASD and think he is just being naughty. Head said he doesn't know what to do with him, says he has kids in school with ADHD on Ritalin and maybe we should try that?!

Read on another thread that sending him home/excluding him may not be legal, can anyone give me some advice on where I can read more about this? I'm a total newbie to ASD, we haven't been given any information on what to do or who to contact or anything

Head is talking bollocks. Ritalin for ASD would be just about as effective as antibiotics for diabetes. They are not the same condition. Head obviously knows zero about ASD. Are they providing any support for your son - suggest you think about applying for a statement and/or moving school to find somewhere that might actually support your son. And yes it is an illegal exclusion - am hopeless at links but google SENCOP (Special Educational Needs Code of Practice) - to get full details of what school are allowed or not allowed to do.

Sorry, this must all be a shock and send you into a tiz but imo there is no time to lose to ensure your child has the best possible chance of a successful education.

His placement is currently inadequate as it stands. You need to be unafraid and determined and find out all you can as quickly as you can to try to get him a statement before secondary school. The behaviour you describe is significant and records of it and other similar will help you build a good case but you'll have to be pretty tenacious.

Ask lots on here. Look up and read the IPSEA website and book a call with them to get some advice.

Ah, all of a sudden I feel a little less lost and scared. Had a brief read through SENCOP. Can't see anything on exclusion yet (but am on my phone). It does say the SENCO should just be a SENCO - ours is a full time year 6 teacher and when we had a meeting about 6 weeks ago to discuss DS's progress (completely positive, almost being taken off an IEP!) she said "We're on to the next clown now".

Will have a good read and see them at the meeting they have arranged for Weds morning well armed. I used to feel like a school girl myself going into those meetings - not anymore.

Have spoken to him after today's refusal to go in after break - he says he couldn't go inside because he was too sad because his friends had refused to play with him and he knew that if he went inside he'd get angry and he was scared he might hurt someone. God knows how that got so mismanaged that he was outside for over 2 hours and we had to be called in to fetch him.

Thanks again, I really appreciate the information

Do they formally exclude? Eg hand you an exclusion letter explaining why being sent home and mark it as fixed term exclusion or informally ask you to pick him up, no letter giving reasons and mark it as absence? The first is lawful (and is useful for you to build evidence school cannot manage and he needs more sen support and funding). The second is unlawful. You are within your rights to refuse to take him home without a formal letter.

School must put in max support LA requires from school budget eg usually 12-20 hours 1:1 support depending what local policy is and have made use of all support eg autism outreach, behaviour support outreach etc.

Now you have diagnosis I would apply for a statement of sen and tell them to put in max they can without a statement now in meantime.

They may tell you they can't afford to do these things but trust me when you are sat in a tribunal asking for a private autism placement then the autism outreach etc will be swearing they can come every day if necessary!

Last time was informal and then made formal later in the day. I had to go and pick him up and then they sent called his dad and sent his dad a letter (we have shared care) to say he was formally excluded.

Today was informal but we managed to keep him in school.

The head said at the last meeting he has max TA support. There is a TA in the classroom 5 mornings a week but it's not 1:1. DS says he doesn't like 1:1 because this means he's on his own(?). He seems to be doing fine in the classroom now he has TA support. It's the mismanagement of his "episodes" (like being really upset that his friends wouldn't play, deciding to stay out of the way and then being "forced" inside) that seem to be causing the issues. The longer they assume he's being defiant rather than having a logical reason for not doing what he "should" the worse it's getting.

Take a look at the IPSEA website. There are really useful pages on how to deal with illegal exclusions and on how to apply for a statement.

You NEED to apply for a statement today! For the cost of a stamp, (IPSEA has model letters you can copy) it'll automate the process of getting in an educational pyschologist, forcing the school to do a bit of basic research on ASD and prove they are using appropriate strategies etc for you.

The exclusions he's already had are all the evidence you need that your son is entitled to a statement. school can't cope, and the ritalin comment shows it's because they haven't a clue how!

Ask the school to keep a basic diary showing what happens prior to these explosions. Over time you and they can work together to identify the triggers. This is advice the EP will give em anyway. If you achieve just this one agreement at the meeting, you'll be going in the right direction.

If school are being nice to you in the meeting - ask em to get autism outreach in to observe him. If not don't fret cos it'll happen anyway as part of the assessment for a statement.

Do not delay that statement application for anyone. You do not need anyone's permission to apply, so don't waste time asking. It's something school have had years to do and haven't bothered. It takes 6 months to get a statement so if you apply NOW he'll have one by the end of this school year. Specialist secondary placements are decided by the end of year 5, (not year 6 as is the norm for all non-statemented kids) so you really don't have time to waste at this point.

I'm sorry. I'm a big advocate of getting statements because of the protection they offer but I very rarely advise so strongly that this is what is needed.

You have been lied to. He is not getting max 1:1. In fact he isn't getting ANY 1:1. The HT is incompetent or discriminatory, your child is heading quickly down a path he may not come back from. I urge you to contact IPEA as soon as you can otherwise secondary will be a disaster.

Ipsea

Max TA support is someone specially trained 1:1, 32.5 hours a week specifically assigned to your child.

A body in the classroom for 12-15 hours a week also helping the other 29 kids isn't maximum TA support.

Is he getting any emotional skills training? (learning to identify for himself what sets him off and concrete strategies he can use to avoid melt downs?)

Has he ever had any SALT input?

Has he ever had any OT input?

Life doesn't have to be this way for him, the fact he's coped this long with no support is a minor miracle, but Star sadly is right. He is being failed so badly and so blatantly it makes me really cross with your HT.

If your DS doesn't want 1:1 he doesn't have to have it. But a Statement would provide what he needs and stop this treatment of your DS.

He may need 1:1 support to be available to him full-time, but have it written in that the 1:1 supporter would allow maximum independence until needed. Perhaps by attaching themselves to the group he was working in, but dropping everything the moment he needed him/her.

Dinky

He and by turn your good self, have been failed by this school and their associated incompetence to date.

You have forcefully learnt that you are your child's best - and only - advocate here.

Even with a statement in place it is unlikely that this school would go the extra mile to help him so you may now have to look at other schools in any case.

He needs a Statement of special needs and asap. Secondary school is also not all that far off now, he needs having his educational rights protected. Use IPSEA's website www.ipsea.org.uk and make your own application asap.