Autism Spectrum Disorder (ASD) is an increasingly common but still misunderstood neurodivergent disorder. Individuals on the autism spectrum can exhibit a wide range of behavior patterns in varying degrees of severity. The result is there's no one way to support or accommodate students with autism.
The number of children diagnosed with autism has increased over the past twenty years. In 2000, for every 150 eight-year-old children, one had been diagnosed as having autism. Twenty years later, that number was one in every 36 eight-year-old children. The reasons for this increase are still debated, although one theory is that assessments and evaluations are better able to identify autism.
New Jersey has a higher rate of autism than the national average. While autism affects approximately 1 in 44 children in the United States, that number is 1 in 35 in New Jersey. This doesn't necessarily indicate children in New Jersey are more susceptible to autism. This difference may be due to the state and school districts having better assessment tools, or parents or guardians may be more likely to request an evaluation.
If your student has autism, or if you have autism, it's important to know not only your rights but also current research when requesting accommodations through your school. Autism manifests in a variety of ways, which means it's all the more important that students with autism have support focused on the individual rather than generic support systems.
If you or your child is having problems getting the support you need, the Education Law Team at the Lento Law Firm can help. We work with students with autism and their families nationwide to help them protect their right to an education. Call us at 888-535-3686 or fill out an online form.
What is Autism?
The New Jersey Department of Education uses the DSM-V definition of autism. A developmental disorder, autism manifests as “persistent deficits in social communication and the presence of restricted, repetitive patterns of behavior.” No cures exist for autism, but proper treatment and support can make a significant difference in a child's ability to succeed in school.
The New Jersey Annotated Code defines autism as a pervasive developmental disability that significantly affects verbal and nonverbal communication as well as social interactions. For a child to qualify for special education services, their autism must adversely impact their ability to participate in school.
While onset is generally before the age of three, children and teenagers may be diagnosed at any age.
New Jersey highlights other characteristics and behaviors that may indicate autism:
- Repetitive activities
- Stereotyped movements
- Resistance to change, including alterations to routine
- Unusual response to sensory experiences, including nonresponse
New Jersey requires that any evaluation for autism include assessments by a certified speech-language specialist and a physician with training in neurodevelopment. As discussed in more detail below, assessments for girls may need to be different than traditional assessments, which focus on how boys with autism behave.
Autism Criteria
While similar to New Jersey, the CDC uses the following criteria for diagnosing autism. A child is considered to have autism when:
- The child has persistent deficits in all three areas of social communication and interaction:
- Lags in social-emotional reciprocity, such as having trouble beginning or responding to social interactions
- Struggles with nonverbal communication and social interaction
- Difficulty in developing and maintaining relationships
and
- The child displays at least two of four types of restricted, repetitive behaviors:
- Stereotyped or repetitive motor movements, use of objects, or speech
- Dislike of change and a rigid adherence to routines
- Tendency to become overly focused or preoccupied with a certain subject or object
- Has difficulty with sensory input, such as indifference, excessive focus, or unease
Autism has a severity spectrum. Some children diagnosed with autism will spend the majority of their day in general education classrooms, and others may be nonverbal or require significant support in specialized classrooms. Autism has no direct correlation to intelligence, and some research indicates individuals with autism are more likely to be intellectually gifted than the general population.
Before any assessments, parents or students should ask about the specific criteria your school uses to diagnose autism. This can include how much a school will include nontraditional behavior and observation as part of the assessment.
This is why it's so important that schools tailor the special education services a student with autism receives to the individual student. Even when students have similar assessment results, they may require entirely different support in school.
Sufficient Assessment
For children who haven't yet graduated from high school, the Individuals with Disabilities Education Act (IDEA) requires that any assessments be “sufficiently comprehensive.” Assessments meet this benchmark when they identify all of a child's special education needs, including related services and services not commonly linked or associated with a child's disability classification.
Assessments matter not just because they qualify a student for special education support and accommodations. Assessments also determine what services a student receives, and an inadequate or incomplete assessment could result in a student not getting the support they require.
One of the challenges when assessing anyone for autism is that autism is a complex neurodivergent disorder. Determining whether a child has autism isn't a simple yes or no question or evaluation, and schools must provide children with comprehensive assessments. Just as autism can manifest differently in each child, research is showing that autism may also affect different areas of the brain. Autism needs more than a one-size-fits-all assessment, just as each child receives individualized support and accommodations.
Parents should be active participants in their child's evaluation and assessment. They shouldn't expect a school to know the latest research. Even experienced and passionate special education teachers may be stretched thin. Like most states, New Jersey has a shortage of special education teachers, which can affect the quality of service a student receives and how much time educators can spend with each student.
Boys vs. Girls
A study from Stanford University found that autism affects different areas of the brain in girls and boys. This research built on previous work that suggested that autism manifests differently in boys and girls, with girls tending to be more introspective and having different language impairments. This study only underlines the importance of individualized testing for autism rather than subjecting all children to the same test.
The Stanford study's brain scans found that the differences were unique to children with autism and also suggested that the assessment and evaluation process for girls should be different than what is used to evaluate boys.
Research has shown that girls with autism may exhibit different behaviors than boys with autism. While girls may have the same need for routine and a desire to avoid change, they may be more focused on being perfectionists. Rather than rocking or flapping their hands - common behaviors in boys with autism - girls may twirl or pull their hair, skip, or play pretend.
Some research also indicates that girls with autism tend to be more empathetic than boys with autism and better at forming emotional connections and friendships. They do, however, tend to develop the same fixation on interests, such as memorizing a movie or being obsessed with a band or character.
Individualized Autism Assessments
What all of these small differences mean is that girls likely need different assessments for an autism determination. Girls and some boys may have autism but not exhibit the classic, expected signs. Diagnosing autism isn't necessarily a cut-and-dry, yes-or-no answer.
Schools, however, may not be aware of recent research or how assessments should differ between boys and girls. For example, the New Jersey Department of Education states that autism is five times more likely to occur in boys than in girls, although recent research indicates it's closer to four to one, with girls still being underdiagnosed.
The problem is that, with current diagnostic criteria biased towards boys, girls are less likely to be diagnosed early, if at all. This means they're less likely to receive early intervention services, or schools may refuse to assess a girl because she doesn't meet current criteria. Depending on the criteria a school uses, parents or students may be dismissed when they voice concerns about an assessment or be informed that a student couldn't have autism because they don't meet the eligibility criteria.
Even if a girl is referred for an assessment, if the assessment is based on how male signs of autism, she might not be diagnosed as having a disability. Whether a girl is found eligible for special education services may end up depending on the evaluators using clinical judgment rather than test scores or meeting a certain number of criteria on a checklist.
The current criteria for autism is a useful baseline, but it's not all-encompassing. This is why it's so important that a child be properly assessed and that parents be active participants throughout the process. Parents and students shouldn't passively agree with whatever a school decides or trust that school staff is up-to-date on the latest research. Even well-meaning staff members who generally want to help students only have so many hours in the day and may not have the time to keep current on research for every student or every disability.
As much as possible, the Education Law Team at the Lento Law Firm encourages our clients to approach interactions with schools from a collaborative angle. Most importantly, this approach tends to be more beneficial for children. A school may be combative or unwilling to work with parents, but as much as possible, parents should begin with the goal of working with the school. If a situation does escalate, parents can show that they attempted to find a resolution.
Early Intervention
Current research indicates that, in general, most children display signs of autism before their third birthday. The earlier a child is diagnosed with autism, the earlier they can begin to receive support.
For babies and toddlers with autism, early intervention can have an enormous impact on their lives. Research indicates that, due to early intervention, some toddlers with autism are no longer considered to fall on the autism spectrum as they age.
Early intervention matters because it works with toddlers whose brains are still developing. This plasticity means treatments are more likely to be effective. Common early intervention services include:
- Family training
- Speech therapy
- Hearing impairment services
- Physical therapy
- Nutrition services
In New Jersey, the Department of Health handles early intervention up to age 3. Unlike K-12 services, which must be provided at no cost to families, whether families have to pay for early intervention services depends on the family's income.
In addition to the statewide New Jersey Early Intervention System (NJEIS), there are also the Regional Early Intervention Collaboratives (REICs). Four different regional groups assist New Jersey Families.
The Helpful Hands REIC serves Bergen, Hudson & Passaic Counties. The REIC provides families with an Individualized Family Service Plan (IFSP) and autism support services such as:
- Relationship development
- Identifying activities and routines as learning opportunities
- Networking
- Transitioning to preschool
Babies and toddlers develop at their own pace. That a child's verbal skills are below development averages doesn't necessarily mean a child has autism. To help families understand how babies and toddlers develop, New Jersey has published guides on developmental milestones from birth to age 3.
In New Jersey, children under three may qualify for early intervention services when:
- They have a developmental delay that is at least 2.0 standard deviations below the mean in one developmental area or 1.5 standard deviations below the mean in two or more developmental areas
- They have a physical or mental condition or disability that has a high probability of developmental delays
In some cases, a baby or toddler may not have been diagnosed with autism but may have other conditions or delays that make them eligible for early intervention services.
New Jersey State Programs for Individuals with Autism
Beyond programs for K-12 students, the New Jersey Department of Health provides or assists with problems for all people with autism. The state divides these services into age groups.
The state's Family Centered Care Services (FCCS) has resources for families of children with autism as well as reference services to community programs. FCCS operates on the idea that supporting developmental disabilities involves the whole family, not just the child.
K-12 Students with Autism
In New Jersey, all K-12 students who qualify as having autism are protected by the IDEA. This federal law requires that all public schools must provide special education services and support to all students with a qualifying disability, which includes autism.
Schools must provide services, at no charge, to all children who reside within their boundaries. Students do not have to attend a school to receive services, and all services must be provided at no cost to the families.
All K-12 students who qualify as having autism under IDEA must receive an Individualized Education Plan (IEP). IEPs are written documents that list what services and support a student will receive as part of their education. Parents and school staff initially meet to determine what will be in an IEP, and schools must schedule annual meetings for revision.
IEPs should focus on the student and not the student's disability. IEPs should factor in a student's strengths and goals, not just on disability support.
The majority of students with autism will attend a general education school, either public or private, or be homeschooled by their parents. Some students, however, may require support above and beyond what a general education school can provide. New Jersey has both regional day schools and approved private schools that offer services and support for students who need more specialized care and support.
School districts may handle most of their special education services within the district or be part of a consortium. Bergen County Special Services School District is one of eight districts that provide county-level support for students with disabilities. Bergen County has a dedicated Autism Continuum program that has a full array of services and support for individuals between the ages of 3 and 21 who have autism.
The district's programs for individuals with autism include:
- Individualized programming
- Low student-teacher ratios
- Family support groups and training
- Transition planning
- Community-based instruction
- Ongoing behavior supports
- Augmentative and functional communication training
While both federal and New Jersey laws require that all schools provide disability support, including for autism, neither requires specific services.
Regional Day Schools
The Piscataway Regional Day School (PRDS), operated by the Educational Services Commission of New Jersey, is an example of a publicly-funded school that supports students with disabilities. Students may attend these specialized schools when their home school is unable to provide them with effective support.
Approved Private Schools
New Jersey maintains a list of approved private schools for students with disabilities. Parents, working with and through their local school district, may request their child attend one of these schools when they believe their local school district isn't able to provide sufficient support.
The Deron School is one example of these schools. It provides specialized support and services for students with autism. Referrals to the school come from a child's current school, and families won't have to pay tuition for students who are found to be an appropriate fit for the school.
College and University Students with Autism
When students with autism begin college, they may struggle to adjust to the new environment and have a more hands-off approach to disability support. College and graduate students have significantly fewer protections and mandated support than K-12 students. Schools no longer have an obligation to provide students with IEPs, and students are responsible for taking charge of their support services.
Colleges and universities, however, do still have support services for students with disabilities, including autism. Schools generally require that students provide documentation of their disability before receiving services. Seton Hall University provides forms that are grouped by disability type.
Schools are also expanding and building programs for students with autism. In 2023, Rutgers University announced that the school is expanding services and support for students with autism.
Rowan University has the PATH Program, which helps students with autism navigate college life. From ensuring students keep current on classwork to providing transition services into the workplace, the PATH Program's goal is to help neurodivergent students graduate and transition to successful careers.
These two examples highlight an important part of collection selection for students with autism: Learning about the school's support resources. While all schools must provide support for students with disabilities, programs can vary widely. An increasing number of schools are expanding support services for students with autism, but families and students shouldn't assume that a school has a program or that all programs are equal.
One other consideration is that, unlike K-12 services, colleges and universities may charge for some services. While federal and New Jersey laws do require certain mandated accommodations, schools may also offer additional services for a fee. The College of New Jersey's Lion Plus Program is a fee-based holistic service for students with disabilities.
Later Diagnoses
Students may also first receive an autism diagnosis during college or graduate school. That someone wasn't previously diagnosed with autism doesn't mean they don't have the disorder. Less severe behaviors, the ability to mask, behavior that doesn't fit into the expected checklist for signs of autism, and insufficient assessments could all lead to someone arriving in college before suspecting they have autism.
If a college or graduate student suspects they have autism, they should contact their school's Office of Disability Services, or a similar department, for advice on how to proceed with an assessment.
Protect Your Right to Autism Accommodations
That a student has autism has no relationship to their ability to succeed in school. The key is if they have the necessary support and accommodations to succeed.
While early intervention is important, individuals can be diagnosed at any age. Insufficient assessments may fail to identify that someone has autism, or a student may receive inadequate and ineffective accommodations and special education services.
Whatever your problem, the Education Law Team at the Lento Law Firm can help. We know the value of education and help our clients navigate issues in a way that minimizes the disruption to their education. We focus on collaborative solutions that focus on protecting your education and your future. Call us at 888-535-3686 or fill out an online form.
