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

[OHRoadwarrior]

If behavioral issues resulting in punishment are being administered punitively, a statement from parent, outlining prior notice child is exercising their right to remain silent and forbidding any teacher, administrator, school police officer or any other school related authority from questioning child without parent present regarding any non educational issue. Notification child is forbidden to sign any statement indicating they have done or will do anything.

 

[Humusluvr]

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?"

Aides should only be provided for students who cannot control their own wheelchair, have seizures, need catheterized, or otherwise are physical unable to make it to their classes on their own. If the child can get to their own class, they should be held accountable for that. Then, the supervision of inclusion in the class should be regularly maintained by an aide or coordinator.

 

[OHRoadwarrior]

In the power struggle, I obviously experienced from my previous discourse in this thread, an aide was one reactionary request I made, to offset the schools attempt to expel my son due to his disability. It was denied, even though he was being treated for seizures. The resolution was enforcement of the homework planner/teacher initialing routine. I recommend OP try that.

 

[Zigner]

Aides should only be provided for students who cannot control their own wheelchair, have seizures, need catheterized, or otherwise are physical unable to make it to their classes on their own. If the child can get to their own class, they should be held accountable for that. Then, the supervision of inclusion in the class should be regularly maintained by an aide or coordinator.

And THAT is where you are legally wrong. You are stating opinion and not legal fact.

 

[Humusluvr]

And THAT is where you are legally wrong. You are stating opinion and not legal fact.

Please show me where in the law it says aides should be provided for something other than a situation I have described, and I will defer to you.

 

[OHRoadwarrior]

Please show me where in the law it says aides should be provided for something other than a situation I have described, and I will defer to you.

I think Zigner means please show him where in the law it says aides must be provided for situations you have described.

 

[Humusluvr]

I think Zigner means please show him where in the law it says aides must be provided for situations you have described.

No, I think either of you need to show me where in the law I'm wrong. Because I've worked with IEPs, ARDs, and inclusion aides, and those are the only circumstances I've ever seen a full time aide assigned.

 

[OHRoadwarrior]

No, I think either of you need to show me where in the law I'm wrong. Because I've worked with IEPs, ARDs, and inclusion aides, and those are the only circumstances I've ever seen a full time aide assigned.

Sorry, I don't play the "show me" game others on here do, to chase down sound advice, some give. I actually agree with your viewpoint. I was just trying to clarify what I thought Zigners intent was.

 

[Humusluvr]

Sorry, I don't play the "show me" game others on here do, to chase down sound advice, some give. I actually agree with your viewpoint. I was just trying to clarify what I thought Zigners intent was.

Well, it's Ziggy's call. And I'm not going to chase down the law either. I feel that through my professional experience, I know more about the workings of a school district than they do.

 

[Humusluvr]

Hmmmm, while on my search, I came across this gem for the OP

After a private specialist diagnosed respondent with learning disabilities,
his parents unilaterally removed him from petitioner public
school district (School District), enrolled him in a private academy,
and requested an administrative hearing on his eligibility for specialeducation
services under the Individuals with Disabilities Education
Act (IDEA), 20 U. S. C. §1400 et seq. The School District found respondent
ineligible for such services and declined to offer him an individualized
education program (IEP). Concluding that the School
District had failed to provide respondent a “free appropriate public
education” as required by IDEA, §1412(a)(1)(A), and that respondent’s
private-school placement was appropriate, the hearing officer
ordered the School District to reimburse his parents for his privateschool
tuition. The District Court set aside the award, holding that
the IDEA Amendments of 1997 (Amendments) categorically bar reimbursement
unless a child has “previously received special education
or related services under the [school’s] authority.”
§1412(a)(10)(C)(ii). Reversing, the Ninth Circuit concluded that the
Amendments did not diminish the authority of courts to grant reimbursement
as “appropriate” relief pursuant to §1415(i)(2)(C)(iii). See
School Comm. of Burlington v. Department of Ed. of Mass., 471 U. S.
359, 370.

http://www.wrightslaw.com/law/caselaw/ussupct.forest.grove.ta.pdf

 

[Humusluvr]

and here's the info on requesting a paraprofessional for your student

How to Request a One-to-One Aide for Your Child by Wayne Steedman, Esq. - Wrightslaw

It basically says "good luck"

 

[Zigner]

I will say it again, and quite clearly. If the IEP team decides a one-on-one aide is appropriate in a particular situation, then it shall be provided. There is NOTHING in the law that defines what situations qualify for an aide...it is on a case by case basis and will be decided by the IEP team. PERIOD.

So, none of this "only if in a wheelchair" hooey...that is merely an opinion of when it would be appropriate and has no basis in law.

 

[OHRoadwarrior]

LOL, I agree with your view also Zigner. From experience, the committee decides what services they will choose to provide. You can only contest their decision. I do support his opinion that generally those are the only circumstances when the committee will decide to provide one.

 

[Zigner]

LOL, I agree with your view also Zigner. From experience, the committee decides what services they will choose to provide. You can only contest their decision. I do support his opinion that generally those are the only circumstances when the committee will decide to provide one.

The TEAM decides it - and the parents are members of that team (generally - there are circumstances where a parent is not a team-member)

ETA: My child falls under none of the criteria listed by Humus above, and he was approved for a one-on-one aide. He ended up at an RTC so it was never implemented, but it was authorized.

 

[OHRoadwarrior]

We were not given the option of participating in a "team" decision regarding this. The rest of the "team", ie.. the schools IEP committee or a portion of it decided without us.