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MARYJO WEAVER: HANNAH'S STORY

MaryJo Weaver is a single parent in Corvallis, Oregon raising 2 children. Her youngest child, Hannah, has Aspergers Syndrome (a.k.a. High-Functioning Autism). Because Hannah has been raised at home, her disability was not "discovered" by Early Intervention or Child Find. The trouble began when Hannah was first enrolled in elementary school. Hannah was 6yrs old when she started Kindergarten. Previous to that time, MaryJo wanted to keep Hannah at home as long as possible because she sensed Hannah had poor social skills and possibly other developmental delays. She was concerned that thrusting Hannah into the environment of Kindergarten without adequate social maturity would prove to be disastrous, Since 1990, MaryJo has fought with the Corvallis School District over an EDUCATIONAL DIAGNOSIS OF AUTISM SPECTRUM DISORDERS and finding Hannah eligible for an I.E.P. Special Ed.

Because Hannah needs so much expensive care, until recently MaryJo was on Public Assistance. Since 1990, MaryJo has advocated not only for Hannah, but also on behalf of many other parents whose children have Autism Spectrum Disorders. In addition, during this time MaryJo put her self through college earning a degree as a Medical Assistant. Presently MaryJo works as a Medical Assistant at a local university health clinic. Between 1990 and the present, MaryJo has spent over fifty thousand dollars on Hannah's case vs. the school district and still can not get her daughter an I.E.P. nor Special Ed. In April 1998, MaryJo "lost" the Due Process Hearing (the 2nd) vs. the Corvallis School District. The district refuses to grant Hannah eligibility because of an age-old problem in our state: the battling difference between a Medical Diagnosis & Educational Diagnosis of Autism Spectrum Disorders. In most cases in Oregon, a medical diagnosis of Autism won't get a child Special Ed eligibility! The fact that Hannah is a high functioning Autistic only makes the situation worse. In a nut shell, the Corvallis School District (and the Oregon Department of Education concurs) says that Hannah not completing the 6th grade, being chronically late to school, disorganized, missing school assignment, not doing & turning in her homework, being in detentions, being suspended, trying to set a fire at school, etc. were NOT examples of a NEGATIVE IMPACT on Hannah's education. Neither the school district nor the state could tell MaryJo what some examples of a negative impact would be (no such guidelines exist presently), just that Hannaah's experiences were not. Thus, no eligibility for Hannah.

When Hannah first entered Kindergarten on a half day basis, her teacher and a substitute both noticed that Hannah would twirl, have difficulty staying on task, did not interact with the other kids, remained in her outer clothing (hooded coat) and hide under tables. Despite these reports to MaryJo, the school dismissed these characteristics as being no big deal. This did little to reassure MaryJo.

Once Hannah reached 1st grade, observations of odd things continued. Each day MaryJo dropped Hannah off at school and picked Hannah up from school. For the 1st month of school MaryJo was met with the sight of Hannah's teacher walking hand in hand with Hannah. The teacher would sigh deeply, roll her eyes and report "Hannah had another hard (or bad) day." Finally MaryJo inquired of the teacher "Should I take Hannah to a doctor to see if there is something wrong?" The teacher did not care one way or another nor whas she supportive. Thus, MaryJo took Hannah to the 1st of numerous doctors who could not find anything wrong.

In the meanwhile, MaryJo began to research and read anything she could get her hands [on] to help her understand what if anything was wrong with her daughter. One of the resources MaryJo discovered was C.O.P.E.. This was the first time MaryJo had heard anything about rights, I.D.E.A, Child Find, Special Ed, and broad check lists of various disabilities. The information was overwhelming. MaryJo dug in deeper. As suggested by COPE. she wrote the principal of Hannah's school and the school district's special ed director requesting Hannah be evaluated. So began the process of eliminating the 13 categories listed under IDEA. Over and over MaryJo subjected Hannah to a mind numbing array of tests and evaluators looking for something to explain these odd characteristics which Hannah seem[ing]ly 1st displayed upon entering the school system. At every turn MaryJo was subjected to character assassinations and dismissals by school staff that this was (if there was anything) a HOME PROBLEM. It mattered little to anyone that MaryJo's 1st child did not have these characteristics. The costs were mounting and MaryJo was staggering under the weight of the bills, but remained steadfast and determined to help Hannah - at any cost.

Autism was the last disability on the list. It was suggested (not by the school system) she get Hannah up to OHSU for testing and evaluation. This was the summer of 1993 when there was little information & resources in Oregon about Autism Spectrum Disorders; especially high functioning Autistics. Usually these kids were misdiagnosed. Hannah saw Dr. Broski and Dr. Sacks who concluded Hannah had P.D.D.N.O.S. (Pervasive Developmental Disorder Not Otherwise Specified) based on the DSM III used at the time. This was explained to MaryJo as Hannah being "Autistic-Like" or a high functioning child with Autism. One of the significant clues to the doctors in diagnosing Hannah was the photos MaryJo supplied showing Hannah from birth to the present. In the photos the doctors could see the flat affect (the light was on, but no one was home) seen in Hannah. When MaryJo heard that Hannah did have something and it had a name, it mattered little that there was nor cure or treatments for kids like Hannah who were not profoundly and classically Autistic. MaryJo was so convinced all she had to to was take this diagnosis to Hannah's school & the district and they would give Hannah an I.E.P. Imagine MaryJo's [disbelief] when this latest information on Hannah was rejected and dismissed by the Corvallis School District as not "relevant and having nothing to do with Hannah's education because kids don't come to school to socialize"! The doctors had begun to experiment with various medication which the school said were not necessary to take while at school. As much as 3+ times a week MaryJo and Hannah traveled up to Portland for sessions with the doctors.

Because MaryJUo could not get the cooperation of Hannah's school to provide structure and consistancy let alone granting Special Ed eligibility, MaryJo asked for Mediation. Kim Kay from the Oregon Department of Education was sent as mediator of this on-going issue. It wasn't until later that MaryJo realized that the Corvallis School District Special Ed Director was not supposed to be in charge and facilitating the mediation. However, it wasn't until the mediation was under way that Hannah's records mysteriously appeared when the school secretary delivered them saying the records were "found in the basement". In spite of the numerous professional and personal testimony at the mediation (including Hannah's brother), Hannaha was once again denied Special Ed eligibility. The school & district's position continued to believe if there was anything wrong with Hannah, the school did not see it/did not have a problem with it, so it must be a "home problem". In hind sight, the lack of current correct information on Autism Spectrum Disorders (that phrase had not even been invented in the winter of 1993) was perhaps the biggest reason for losing eligibility once again.

In spite of the continued hostility and non-support coming from the school, MaryJo continued to seek out any information and resources all across the country. This led MaryJo to Mary Ann Seaton who at the time was the president of the Autism Council of Oregon. Mary Ann in turn led MaryJo to many of the experts in the field of Autism throughout the country: Dr. Rimland, Dr. Edelson, Dr. Morris. Dr. Mesibov, Dr. Stubbs, Susan Moreno, Joyce Stratton, Jan Janzen, Yale Study Center, Bittersweet Farms, etc.. The more information MaryJo gained, the more MaryJo was convinced there was something very wrong in the Corvallis School District denying Hannah Special Ed eligibility.

Between 1990 and Hannah's 5th year in school, Hannah received a variety of treatments with the cost born by her mother. Hannah tried [Irlen] lenses, squeeze machine, medication, Structured Teaching at home, and years of O.T. and P.T... Despite this work (much of it provided by well meaning professionals unfamiliar with Autism) Hannah's development remained impaired, sepecially in the social area. Developmentally Hannah remained years younger than her stated age. Throughout all of Hannah's school years, MaryJo continued to have on-going meetings with Hannah's teachers, schools, and the district with no favorable results (28 in 9 years). Hannah remained unserviced and left to flounder on her own. Child care and the community continued to report Hannah's aggressive behavior which they all saw as having a direct bearing on how Hannah's school day went. Yet, the school & district refused to acknowledge this insight. Thus, no help was given to Hannah. MaryJo provide[d] information packets to the teachers, schools, and district which were also ignored. Numerous parents and professionals also attempted to advocate on Hannah's behalf and still the teachers, schools, and district would not listen.

At the end of Hannah's 5th year in Public Schools, she was passed on to the 6th grade Middle School. MaryJo felt that Hannah was not ready nor equipped to go on to Middle School without an I.E.P.. So she requested formal mediation. The state sent an independent mediator, who in addition to the district and their lawyer attended mediation in 1995. MaryJo requested the mediation be held at a netural site, which it was. Hannah's interests were represented by a family friend (tho not a special ed lawyer). From 900-6 p.m, a mediation plan for Hannah was hammered out without the district having to give Hannah an I.E.P.. Stated in the mediation was the option (in 6th grade) if necessary, MaryJo could request that a meeting be held to consider 504 eligibility for Hannah. The superintendent for the Corvallis School District would not allow Hannah's Middle School to be in attendance. As a result, Hannah's elementary school and district were left to speak to the issues of Middle School teachers, schedules, resources, curriculum classes, etc. which they all were clueless about! At MaryJo's insistance, a "Case Manager" was appointed for Hannah (although this person was not Special Ed), but rather in charge of the "troubled kids" at the Middle School. Although MaryJo was permitted to give a school on Autism before the start of school, as it later was discovered none of the material MaryJo provided was used. It was only at the firm decision of the mediator that a "plan" was hammered out. Absence of agreement over these details were to plague everyone for years to come.

This mediation plan (as it became called) indicated 1 person, the Case Manager, was to be in charge of monitoring Hannah's academic progress at middle school. 3 other people were assigned to be Hannah's teachers in Math, Humanities, and Science. Montly meetings were ordered under the mediation plan to chart Hannah's progress in school. At the 1st meeting, the math teacher stated he felt the math material was "over Hannah's head". When MaryJo asked if Hannah should be "placed" elsewhere, he agreed and had nothing to do with Hannah from then on. It remained unclear if the Math subject was ever replaced for Hannah. To MaryJo's understanding it was not replaced. MaryJo brought Hannah to school every day that 6th grade. MaryJo then took Hannah to check in with this Case Manager to turn in a Responsbility Card which outlined the areas Hannah needed to work on. MaryJo then escorted Hannah to her locker (Hannah's locker was always messy) and made sure Hannah had all she needed for her 1st class. Nearly every day Hannah was late. MaryJo then left Hannah to fend for herself the rest of the day. At the end of the school day MaryJo picked Hannah up, took her to the Case Manager to check out, and took Hannah home. The stress and overwhelming negative Middle School experience caused Hanna to grow increasingly violent. MaryJo reported this at the monthly meetings, but was always ignored. They did not care what effect leaving Hannah to fend for herself in the Middle School environment was doing to her. Hannah's doctors were also alarmed, but this mattered little to the school and the district. Hannah was growing more difficult to live with. Homework was not getting done or turned in on time. MaryJo reported these changes at the monthly meetings, but nothing was done - no one cared. No one was looking out for Hannah or activing on her behalf except for her mother. Hannah got detentionas and a suspenseion, but this too did not concern the school. MaryJo was told "all sixth grade girls do that." At the monthly meetings, which averaged 1-2 hours, old issues were just re-hashed and did not focus on solutions - mostly because the school believed there was was nothing to solve.

In Jan 1966 MaryJo asked for a meeting to determine 504 eliigibility. To her surprise there was little discussion or opposition. Her teachers stated that Hannah was disorganized and behind in her school work thus, the "Mediation Plan" became a 504. When MaryHo asked for a form or some soft of confirmation she was handed a piece of paper that said "Hannah's 504 Plan." MaryJo was told to attach this cover page to the mediation plan. Neither the principal or the staff knew who the 504 person for the district or their school was. It was through this process that MaryJo discovered that the Special Ed Director of the District was the "keeper" of Hannah's records in her office. MaryJo thought this odd because Hannah was not a Special Ed kid. No explanation was ever given. When Maryjo found out who the 504 person was for the school she requested Hannah's records. No one knew where they were, only to be found at the district office. In turn MaryJo made a complete inventory of everything which in Hannah's records and sent it back to the school's 504 person. These school records did not have many of the records MaryJo had in her personal collection which she had been compiling for years.

At the end of the school year (6th grade), during a monthly meeting, MaryJo was ready to submit the recent assessment made on Hannah by an Autism expert Dr. Meredith Goldberg-Edelson who found Hannah to be a person with Aspergers Syndrome. Because MaryJo had a job interview, she asked a friend to go and represent her. MaryJo empowered the friend with a signed authorization from MaryJo. This had worked in the past with no problem so MaryJo thought no more about it. When the friend got to the meeting, it apparently was a meeting to discuss Hannah's 7th grade placement (unbeknown to MaryJo). Because MaryJo was not in attendance, the Special Ed director for the Corvallis School District canceled the meeting and it will never be known what became of the diagnosis documents MaryJo's friend tried to submit on her behalf.

Because of this, MaryJo requested Hannah be transferred to another Middle School in town which was granted (with MaryJo supplying transportation). MaryJo was hopeful that with a new school things would be different - they weren't. In August 1997, the principal of the new Middle School called a meeting with the district, Hannah's proposed teachers, Hannah's teachers from her old Middle School, and the lawyers for both sides. Neither MaryJo nor her lawyer could attend the meeting and they had the meeting anyways. The decision of the meeting was Hannah would be placed in the 7th grade (even though Hannah did not comnplete the 6th grade) and Hannah remained not eligible for Special Ed. Once again Hannah would not be receiving FAPE.

MaryJo then decided placing Hannah in the Public School System without an I.E.P only makes Hannah worse so she enrolled Hannah in a small private school. To do this, MaryJo had to have Hannah tested to see what grade placement was best. MaryJo had the local Home School test Hannah and it was found that the 6th grade would be the best placement. Even after doing this, a truant officer contact MaryJo stating that Hannah had been reported as not being in school!. Once MaryJo explained that Hannah was enrolled in private school, that was the end of it. The private school accepted Hannah and committed to keep Hannah safe 1st and foremost and to educate her the best they could. The private school knew Hannah had Autism. Hannah's limitations were explained and accepted by the private school. MaryJo did not ask nor did she expect the private school would advocate for Hannah -- to to get an I.E.P.. Hannah's tuition was paid by family friends. Hannah did well in a small school where the ratio was 1 teacher to 24 students as opposed to the public school experience it was 1 teacher to 40 kids, few books and few desks.

Due to the on-unresolved mess MaryJo asked Hannah's lawyer to file for a Due Process Hearing to settle this matter once and for all. The Hearing was set to begin on May 27 and 28th 1998. At first, it was to be held in the school district office. Once MaryJo learned this, she requested that the Hearing be held at a neutral site which turned out to be a community center. At the Pre-trail meetings (2) the school district requested (and was granted) Hannah be tested. The only acceptable place for MaryJo was the place recommended by COPE which was WOSC [Western Oregon State College]. The school district also invited a representative from Cascade Regional Autism Services (a part of Linn-Benton ESD) [to] be present. Both Cascade and WOSC tested Hannah and their findings stated there was nothing wrong with Hannah which would warrant Special Ed eligibility.

David Lackey was chosen as the Due Process Hearings Officer. According to MaryJo and numerous witnesses, Mr. Lackey had his eyes closed for most of the trial and appeared to be asleep. After two days of testimony it was Mr. Lackey's ruling that although Hannah was Autistic, [she] was not eligible for Special Ed becausewe Hannah's Autism had no negative impact on Hannah's education setting! Of course MaryJo disagreed with the findings, but all she could do is file a letter of protest with the order. MaryJo had tried numerous times through the years various means of resolving this conflict at great [expense], but remains unsuccessful. There is no justice for Hannah. Susan Moreno calls it an "educational holocaust."

Despite the environment that the private school offers, MaryJo and the teachers are unable to provide Hannah with skilled training and assistance or related services essential to Hannah's personal and educational development. The state has made it clear that neither the state or the Corvallis School District is responsible to educate Hannah. If MaryJo wants to pay to educate Hannah or if MaryJo wants to pay for some sort of training - fine, otherwise Hannah gets nothing. MaryJo's oldest child is on his way to college and so MaryJo needs to spend her money on him. Hannah will just have to stay home and watch TV and eat. There is no furuture for her. Hannah does not have the life skills necessary to be on her own. Hannah can not care for herself.

At the present, Hannah has not brushed her teeth (nor allowed anyone else for over a year. MaryJo bathes and helps Hannah dress. Hannh is very aggressive and untidy. Hannah eats vast amounts of food, watches TV, but mostly stays home. Hannah can not get Social Security because she does not have an IEP. MaryJo has appealed to her state and national senators asa well as the governor, but there is nothing they can do for Hannah. Hannah's story is familiar to many people, and yet nothing haas changed. Hannah cannot get DD Services because she is too high functioning. Organizations like ARC can't help Hannah because she is too high functioning. Hannah can't get social skills training, behavior mod, life skills, job traininng etc. because she doesn't have an IEP. There is no hope for Hannah. This is not fair and sad because Hannah does have something to offer this world. She is bright in her own way and with training could become a useful and productive member of our society. MaryJo's greatest fear is if she dies what will become of Hannah? Who will look after her?

______________________________________

To read a copy of MaryJo Weaver's Hearing Order, please click here.

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