District Residency (Related to Special Ed)

[Zigner]

What is the name of your state? California

My daughter had a sudden emotional problem arise (ie: within the last 90 days). She has been hospitalized and also in a short term residential facility. this has all been done through my private insurance. All the people overseeing this for her have recommended that she be placed in a long-term residential facility. At the very least, 100 miles away, and possibly out of state. My insurance says that we need to have the school district involved thru an IEP.
The school district is giving us difficulties on two fronts. One, they say they can't evaluate her until she's "stable". (We'll deal with that).
However, they also claim that, once we put her in the long-term facility, she is no longer a "resident" of their district so they are no longer responsible. Does that sound right? She will still be my dependent for tax purposes etc.

Thanks -


*EDIT*
My daughter is NOT currently in Special Education.

 

[rmet4nzkx]

What is the name of your state? California

My daughter had a sudden emotional problem arise (ie: within the last 90 days). She has been hospitalized and also in a short term residential facility. this has all been done through my private insurance. All the people overseeing this for her have recommended that she be placed in a long-term residential facility. At the very least, 100 miles away, and possibly out of state. My insurance says that we need to have the school district involved thru an IEP.
The school district is giving us difficulties on two fronts. One, they say they can't evaluate her until she's "stable". (We'll deal with that).
However, they also claim that, once we put her in the long-term facility, she is no longer a "resident" of their district so they are no longer responsible. Does that sound right? She will still be my dependent for tax purposes etc.

Thanks -


*EDIT*
My daughter is NOT currently in Special Education.

How old is your daughter? What is her diagnosis? Have you contacted the school district where you are trying to place her? If this is special educaiton, are you involved with the Regional center yet. Becareful of geting the diagnosis of SED instead of DD, there is a whole different variety of services available in California. That may be why the school district is waiting to see which way they go and which services they qualify for.

 

[Zigner]

How old is your daughter? What is her diagnosis? Have you contacted the school district where you are trying to place her? If this is special educaiton, are you involved with the Regional center yet. Becareful of geting the diagnosis of SED instead of DD, there is a whole different variety of services available in California. That may be why the school district is waiting to see which way they go and which services they qualify for.

My daughter is 14. She is diagnosed Bi-Polar and SED. We are not involved in a Regional Center (?). I haven't contacted the school district where she will be placed since that hasn't been finalized yet.
Our request for Special Ed evaluation was written and hand-delivered to the school psychologist on 1/7/05, so I believe we are still within the initial time frame for them to develop an assesment plan. But, the district is hinting around that they may say that once she's placed out of state, she's no longer a "resident" of their district. However, she is still a minor and her legal residency is with us (I believe). That's what I'm trying to clarify.

Thanks again


PS: She is also diagnosed ADHD and has been for a long time. However, she has not been receiving any services related to this.

 

[GaAtty]

GaAtty

She needs to be in special ed, or at least have an IEP and that would help a lot on this issue. However, as a matter of practicality, what is the purpose of having her be in that district if she is, in reality, 100 miles away? They're not going to send teachers 100 miles to home school her. Why not just wait until she is back?

 

[rmet4nzkx]

With changing Dx from ADHD to Bipolar I would ask if her medications work and what they are? It is very important to have a thorough psychological evaluation to determine the DX, the services and residential faciliities vary considerably between SED and DD, If your Child has Asperger's it is often Dx as ADHD and or bipolar, OCD, ODD and medications don't always work well, it is very important to get into the correct system. There are some excellent schools in California.

 

[Crimson1]

I'm not an attorney, but I've taught Special Ed for 25 years. I understand that your daughter has some emotional concerns, but it isn't clear what kind of services you (and the insurance company?) feel she needs from the school. On top of meeting the criteria for a diagnosis, there also has to be an indicated need for Special Ed services that are above and beyond what is available through the regular education program. It sounds as if things are in a bit of transition right now--it's possible she's going to go to a residential facility in the near future. If she's in a facility, especially if it is out of district and far away, it is going to be VERY difficult for the school to have any meaningful involvement with her case. An evaluation for Sped services takes at LEAST 30 days, and if your daughter is not stable (and has not had difficulty in the past) an eval is going to be difficult to get done. What may be more practical at this point is a 504 Plan which falls under ADA. She has to have some sort of disability which significantly impacts her school functioning--there are a few more details with it, but that's the basics. Once she is released from the residential facility and they have done their evals, regulated her meds and established a treatment plan, I'd say that would be the time to meet with the school and see if Sped services are necessary. Good luck to you.

 

[Zigner]

She needs to be in special ed, or at least have an IEP and that would help a lot on this issue. However, as a matter of practicality, what is the purpose of having her be in that district if she is, in reality, 100 miles away? They're not going to send teachers 100 miles to home school her. Why not just wait until she is back?

Well, the practicality is that I cannot afford long term residential care. The school district is obligated (by law) to provide for her FAPE. While they are not going to send teachers to her, they WILL provide for her FAPE.

As an update...
My daughter has been placed in a residential facility approx. 70 miles from my home. The school district local to my home has agreed to proceed with her assesment plan. This should ultimately allow us to obtain funding for her education, as required by law. It will also allow us to obtain funding (AB3632) for her residential placement. That is the reason for the IEP. Also, she is not DD, she is SED.

 

[clarahunt]

sounds like you and your daughter need help.....hurry up

 

[sisymay]

This is just my opinion, but I wouldn't get the school involved at all. I have heard too many times that some children are just fine as far as feelings and emotions. But with the schools denying to help them with learning problems, this causes their emotional problems. So how would it be for the school to destroy a child who already has these problems.
You might be new to the special ed process, but believe me you don't want to go there if you don't have to...

 

[Zigner]

This is just my opinion, but I wouldn't get the school involved at all. I have heard too many times that some children are just fine as far as feelings and emotions. But with the schools denying to help them with learning problems, this causes their emotional problems. So how would it be for the school to destroy a child who already has these problems.
You might be new to the special ed process, but believe me you don't want to go there if you don't have to...

This thread is over a year old, but once we got the ball rolling, this district was VERY helpful. They only gave me one piece of incorrect advice and that was due to a recent rule change that hadn't filtered down yet.
Please note that it IS very important to have the school involved. She is qualified for Special Education Services and is on an IEP with the district paying for NPS for her.

 

[JIMinCA]

I know this is an old thread, but I wanted to comment on how impressed I am at all of the responses to Zigner's situation. They are all helpful an encouraging and they respond to the intent of the original post. None of them are arrogant, rude, condescending or harsh based on little understanding of Zigner's actual problem.

These posters should all be congratulated and emulated by the OP.