Placing Child with Iep Plan in Private School, Prior to Due Process

[ddmz]

What is the name of your state (only U.S. law)? MD


We have a 12-year old child with ADHD and has an IEP. The IEP Accommodations have simply not been provided as stated in the IEP. Her teachers simply do not follow through with the agreed accommodations.

We've decided to place her in a local private school for the upcoming year. We'd like proceed in an attempt at having the state cover these costs.

After review, it appears that the way to do this is by starting Due Process and during this time, the student my remain in their current setting.

Given that we've already registered for private school and are set to go in less then a month, are we simply SOL? or are there actions we can still take?

Thank you!

 

[OHRoadwarrior]

You should have decided this months ago. Not waited until the last minute.

 

[Zigner]

What is the name of your state (only U.S. law)? MD


We have a 12-year old child with ADHD and has an IEP. The IEP Accommodations have simply not been provided as stated in the IEP. Her teachers simply do not follow through with the agreed accommodations.

We've decided to place her in a local private school for the upcoming year. We'd like proceed in an attempt at having the state cover these costs.

After review, it appears that the way to do this is by starting Due Process and during this time, the student my remain in their current setting.

Given that we've already registered for private school and are set to go in less then a month, are we simply SOL? or are there actions we can still take?

Thank you!

You will have a hard time showing that your unilateral placement of the child was the appropriate thing to do. I would suggest that you start researching Special-Education advocates in your local area.

 

[Humusluvr]

What is the name of your state (only U.S. law)? MD


We have a 12-year old child with ADHD and has an IEP. The IEP Accommodations have simply not been provided as stated in the IEP. Her teachers simply do not follow through with the agreed accommodations.

We've decided to place her in a local private school for the upcoming year. We'd like proceed in an attempt at having the state cover these costs.

After review, it appears that the way to do this is by starting Due Process and during this time, the student my remain in their current setting.

Given that we've already registered for private school and are set to go in less then a month, are we simply SOL? or are there actions we can still take?

Thank you!

I think that would be a question for the private school to answer. "How do we get the costs of private school covered by that state?" I believe the answer is going to be "You're out of luck." because you haven't followed through every available avenue to get the IEP followed in public school (unless you have gone through multiple ARD's, principal's meetings, superintendent meetings, written to the state BOE, etc).

You can't just say, "Nope, not good enough, now you pay for private school." The state doesn't work that way.

What are they not following through on?

You have to imagine that the school probably does have a difficult time following through on multiple children in a class with multiple IEP's. I know this was the case when I taught and supervised a public school. Keeping up with IEP's is hard, and we relied a lot on parents to keep up with their kids. Unfortunately, most parents were not too involved with their student's needs, and thus IEPs ended up not followed as well as they could be. A lot of parents with children with IEPs want an aide to be with their child all day. There just isn't the funding for that. And the school also doesn't have the funding to send every kid to private school either.

So, I would hope you have the money to do this on your own, because I think it's very unlikely you could get it covered by the state.

 

[Zigner]

A lot of parents with children with IEPs want an aide to be with their child all day. There just isn't the funding for that.

With all due respect, the funding is not what matters. Our district started to pull that excuse out of their collective arse and I shot it down right away by pointing out that the LAW requires certain things that were appropriate for my child(ren).

Yes, the district will do their best to AVOID doing something that will cost them money, but they can't use the fact that it will cost them money as a reason for NOT providing what is legally required.


DISCLAIMER: This is NOT a comment on our OP's specific situation, as the needs of each child determine the appropriateness of services offered.

 

[Humusluvr]

With all due respect, the funding is not what matters. Our district started to pull that excuse out of their collective arse and I shot it down right away by pointing out that the LAW requires certain things that were appropriate for my child(ren).

Yes, the district will do their best to AVOID doing something that will cost them money, but they can't use the fact that it will cost them money as a reason for NOT providing what is legally required.


DISCLAIMER: This is NOT a comment on our OP's specific situation, as the needs of each child determine the appropriateness of services offered.

I think a lot of parents feel their child deserves to have an aide with them, when they do not. If the child is severely handicapped and in need of an aide, yes, the school can provide this. But most children do not need their own aide. Its parents being over zealous.

And where is this bottomless pit of money supposed to come from? More and more educators feel like students should be given individual attention with special handholders to walk them through the day. At what point do we tell the parents to become more involved, and students to take care of their business.

Note - this doesn't have to do with the OP either, but with education as a whole. We're making education so dang expensive because everyone wants their kid to be a special little butterfly with a one-on-one teacher all day. It's like la-la-land.

 

[OHRoadwarrior]

OP, I suggest you talk to your childs doctor and ask whether the child could have a seizure disorder. Absence Seizures effects can mimic ADHD symptoms. I fought this battle for years, before determining the cause in my child. I fought the school district, because they wanted to treat my child as a behavior problem and I refused to let them be labeled ADHD and medicated. Once I determined the problem and it was medically diagnosed, it still took a year, fighting the system, while the anti seizure meds worked AND my child learned the socialization skills he had not developed. He is now almost a straight A student and on the honor roll. The "professionals" did not recognize this.

 

[ddmz]

Ok thanks for the feedback. To clarify a few points:

We're not asking for a dedicated aide, nor is that part of her IEP. We're asking for what is outlined in the IEP, to be executed.

Also, we're both as involved as any parent could be. The past year, her primary teacher would frequently call and ask if I could come in to sit in class, which I always would. We attended IEP meetings, multiple conferences, with her teachers, vice principle, sped director.

Everything within the IEP is great. We all came up with the accommodations together in the IEP meeting, such as preferential seating, note taking, graphic organizers ,etc.

The problem here, is that she wasn't given preferential seating. She would sit wherever she wanted. She was not provided notes. She was not given Graphic Organizers. Her primary teacher consistently expressed issue that she has 30 students and simply can't give her the attention she needs. While during the meetings we empathize, we still expect her to do her job and follow the law.

Prior to this year, we were in a different county and she was in elementary school - we had no problems. Now, in middle school and in a new county, it's simply not being enforced.

We had her attend a boarding summer school/camp and while there the teachers recognized the same problems (lack of focus, difficult staying on task) as his regular school. The difference? The teachers did not provide excuses, but rather explained their solutions (very similar to the accommodations in the IEP) and how she ended up doing very well and turned her self around.

We will be placing her in private school either way. At this point, it's not fair for our daughter to continue on with a school system that simply does not follow through on it's obligation.

So, that said, we're going to pay regardless. However, if we can do anything in an attempt to hold the school responsible, we would like to do whatever measures are necessary.

 

[ddmz]

OP, I suggest you talk to your childs doctor and ask whether the child could have a seizure disorder. Absence Seizures effects can mimic ADHD symptoms. I fought this battle for years, before determining the cause in my child. I fought the school district, because they wanted to treat my child as a behavior problem and I refused to let them be labeled ADHD and medicated. Once I determined the problem and it was medically diagnosed, it still took a year, fighting the system, while the anti seizure meds worked AND my child learned the socialization skills he had not developed. He is now almost a straight A student and on the honor roll. The "professionals" did not recognize this.

Thanks, yeah she definitely has ADHD. She's proven that given the right accommodations she can do quite well. Our problem again lies in the teachers in the classroom, not executing the accommodations that would allow her to succeed.

 

[OHRoadwarrior]

Those are the same indicators of absence seizures. So are tapping, humming etc..

 

[Zigner]

I think there's no way in h-e-double-hockey-sticks that you're going to get the district to pay for a private school. You have NOT pursued the appropriate remedies.

 

[Zigner]

I think a lot of parents feel their child deserves to have an aide with them, when they do not. If the child is severely handicapped and in need of an aide, yes, the school can provide this. But most children do not need their own aide. Its parents being over zealous.

The POINT is that if the IEP team determines that an aide is appropriate for the child, then that is what is to be provided. The FUNDING does not (should not) factor in to the decision as to whether or not an aide is necessary. (Of course, this applies to ANY aspect of the IEP, not just the provision of an aide.)

And, as an aside, why do you think that a child needs to be "severely handicapped" before receiving an aide? Perhaps a better question is this: What do you mean by "severely handicapped?"

 

[ddmz]

I think there's no way in h-e-double-hockey-sticks that you're going to get the district to pay for a private school. You have NOT pursued the appropriate remedies.

What are the appropriate remedies?

 

[Zigner]

What are the appropriate remedies?

There are many due-process remedies available. As I said, it would behoove you to research special education advocates in your area...

 

[OHRoadwarrior]

What needs to be done in classroom, is twofold. First, a system needs setup, where child is to record homework assignments in a planner and teacher reviews planner at end of class/initials, to verify homework assignments are written. The burden of this should shift to child as time goes on, so teacher is not constantly writing stuff missed by student. Teacher and student should have agreed upon procedures to communicate the need for behavioral modification of student with as little disruption as possible. Examples.. Code word for student to stop incessant talking. Pencil with rubber eraser tapping, to be substituted for pen tapping. Parent to oversee completion of homework by student. If system fails, student given make time for assignment not signed off by teacher that day because teacher forgot. Removal word child recognizes as signalling child they are out of control and should ignore what their brain is telling them and follow a specific instruction from teacher.