Brilliantly Disabled: Fighting for Special Education Services for Students with Asperger's Disorder By Melissa A. Sullivan* he was reevaluated by a J.D.'s schooling, I. Case of L.I. expense. 13 psychologist at the school's The L.I. performed well academically throughout her psychologist concluded that due to his above-average elementary education in Maine's public school system, IQ score and average performance on language and but by the time she entered fourth grade, she began mathematic tests, J.D. was no longer eligible for as anxiety, exhibiting emotional issues such special services and recommended that he be depression, and distress when dealing with peers in the declassified. 14 The psychologist also concluded that classroom.' Her once large circle of friends diminished on the Asperger-Syndrome-Diagnostic Scale, J.D. in size, and L.I. began to spend most of her time with was unlikely to have AS. 15 J.D.'s parents had an one female friend who shared her consuming interest independent psychologist evaluate him, which in Japanese animation. 2 L.I. attended counseling in and bolstered their conclusion that J.D. was likely to have out of school, but she made little progress. 3 She began 6 AS. 1 The parents thereafter challenged the school's to miss school and scratch herself, leaving red marks decision to declassify J.D. 1 7 In the hearing, the on her arms. 4 Eventually, L.I. attempted suicide by an administrative law judge determined that under overdose of prescription medication, after which her Minnesota law defining "learning disability," J.D.'s parents withdrew her from school. In response to the performance rendered him average academic crisis, L.I.'s school suggested that she be evaluated and ineligible for special education services.' 8 6 receive private tutoring away from home. The tutor was never provided, and after a period of home III. Case of M.S. schooling, L.I.'s parents enrolled her in a private In kindergarten, M.S. 1 9 was classified as speech school and demanded that the district reimburse her tuition. 7 impaired by her school's Committee on Special Education ("CSE"), rendering her eligible for special The school's Pupil Evaluation Team ("PET") However, by the time M.S. education services. concluded that L.I. had both Asperger's Syndrome reached second grade, the CSE determined that her ("AS") and Adjustment Disorder with Depressed Mood. 8 However, while L.I. needed "social skills and language and academic skills showed her progressing 21 at an age-appropriate level. She was then pragmatic language instruction" in order to deal with declassified and placed into a regular second grade her disorders, she did not qualify for special classroom. 22 It was not long before her teacher began education services because there was "no significant adverse impact on her academic progress." 9 Her reporting M.S's difficulty in the class. M.S. was terrified of change and had difficulty interacting with parents challenged the determination, and at a her peers. 23 Her mother suspected that M.S. may hearing on the matter, the hearing officer affirmed the have an Autism Spectrum Disorder ("ASD") and finding, stating that though L.I. is "obviously a sought an independent evaluation. 24 troubled young woman" who due to her diagnosis The evaluation determined that while M.S.'s will need to receive mental health services for the rest academic skills were on par for her age, she exhibited of her life, "neither the I.D.E.A. nor the Maine high levels of anxiety in unfamiliar surroundings and Regulations require a school Special Education 25 attempted to escape if overwhelmed. The physician district to provide special education services to noted that these atypical symptoms were moderated address what is essentially a mental health issue...,10 by M.S's strong intellectual and verbal abilities. 26 She concluded that M.S.'s difficulties were consistent II. Case of J.D. with a diagnosis of "mild, high-functioning In May of 2000, J.D. was diagnosed with a number of Asperger's Disorder." ' 27 M.S.'s mother and teacher disabilities and disorders including placement on the referred her to the school's CSE for reevaluation, but Autism Spectrum. 11 In response, an Individual the CSE concluded that because of her average Education Plan ("IEP") was created, under which academic functioning, M.S. was ineligible for special J.D. performed at or above his grade level. 12 Later in 28 services. Vol. 29+ No. 3+ Fall 2009 HeinOnline -- 29 Child. Legal Rts. J. 49 2009
Melissa A. Sullivan high IQ and extensive vocabulary as well as those All of the students discussed above were who had no language and significant learning diagnosed at one time with Asperger's Disorder, also disabilities., 39 As part of an effort to widen the known as Asperger's Syndrome. 2 9 This particular concept of Autism, Wing felt it was important to manifestation of the Autism Spectrum has fascinated remind the scientific world that autistic features could scientists and physicians since it was first named in be found in individuals with cognitive skills as well 4 0 the middle of the twentieth century; its "contrasts as those with low IQs. between areas of near normal function and severe The current Diagnostic and Statistical Manual of disabilities" as well as "extraordinary skills Mental Disorders ("DSM-IV") describes the essential coexisting with social difficulties" have been a features of Asperger's Disorder as follows: 30 subject of intense study. "How can someone be so A) Qualitative impairment in social similar to the rest of us in his behavior and level of interaction, as manifested by at least two of the functioning in some situations, yet so different in following: 31 many others?" marked impairment in the use of (1) In this article, I will discuss the history and multiple nonverbal behaviors such as eye-to- symptoms of Asperger's Disorder as well as relate eye gaze, facial expression, body postures, some of the common experiences of those with the and gestures to regulate social interaction; disorder while attending school. I will then examine (2) failure to develop peer relationships appropriate to developmental level; the disorder's place in American public schools under (3) a lack of spontaneous seeking to share the legal framework that provides special education enjoyment, interest, or achievements with services for children with disabilities. I will use the other people... ; examples of L.I., J.D. and M.S. to examine whether (4) lack of social or emotional reciprocity. the public school system should provide services to students who perform academically on par with their B) Restricted repetitive and stereotyped patterns of behavior, interests, and activities, as peers while manifesting social and communicative manifested by at least one of the following: deficits. (1) encompassing preoccupation with one or more stereotyped and restricted patterns of IV. Asperger's Disorder interest that is abnormal either in intensity or focus; 1. History and Symptoms (2) apparently inflexible adherence to Asperger's Disorder was simultaneously identified by specific, nonfunctional routines or rituals; Leo Kanner in 1943 and Hans Asperger in 1944.32 (3) stereotyped repetitive and motor Within a year, each published a paper describing a mannerisms... ; group of children that they noted to be different from (4) persistent preoccupation with parts of 41 other children they had studied. 33 After observing objects. eleven children exhibiting similar atypical symptoms, To some extent, both symptoms must be present to Kanner addressed the "triad of impairments": "social obtain a diagnosis of Asperger's Disorder. 42 It is difficulty . . . , communicative problems, and important to note that both of these symptoms are repetitive and restricted activities." 34 He particularly also hallmarks of a diagnosis of Autism Disorder. 43 noted that the children were of "normal or higher However, unlike Autism, Asperger's Disorder does than normal intelligence ... and without neurological not present a "clinically significant" delay in impairment." ' 35 Asperger observed his subjects as "language acquisition" or in "cognitive development they attended summer camps. 36 He noted that some of age-appropriate self-help skills, adaptive behavior of the children did not engage in play with the rest, or curiosity about the environment., 44 "Clinically and his first paper described the common symptoms significant" delay in language is defined as the use of among the group as a kind of "autistic intelligence," single words by the age of two years and communicative phrases by the age of three years. 45 while mainstream children were able to learn skills from rote in a mechanical manner, these particular Because most children with Asperger's Disorder children were capable of solving problems only develop normal language and cognitive skills, it is through their own creative strategies. likely that an evaluation will not take place until a The disorder was mostly forgotten until Loma child is of school age and begins to have difficulty 6 Wing coined the term "Asperger's Syndrome" in with social interactions among their classmates. 1981 to define what she saw as autism, but with Diagnosis is further complicated by the fact that functioning. 38 better social and language She individuals with Asperger's Disorder will use considered the term a useful shorthand label, cognitive or language strengths to compensate for "indicating that autism could affect people with a Children's Legal Rights Journal HeinOnline -- 29 Child. Legal Rts. J. 50 2009
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