School Board Can Not Fullfill IEP

[kim515no2]

What is the name of your state? NY

My son is 4 and has been diagnosed with autism.

During our IEP meeting on May 6, for Fall 2008 services, the approved recommendations for him included being placed in a classroom at his center-based pre-schoool service provider with a 1:1 aide and an individualized ABA program with flexibility to push into an integrated classroom non-dependent on staff availability.

On June 11th, 2008, his provider informed us that they are restructuring, and 1:1 aides will not be available at the school anymore. They will no longer offer an individualized program for my son, and can not meet their own IEP recommendations. The options we have been given from them would be an 8:1:3 classroom of lower-functioning, non-verbal children, or a fully integrated 18:2:2 classroom without the 1:1 help he would need adjusting.

The school board tells us we have to either accept this or try to find another provider. The problem is, there are absolutely no other service providers in our area that offer ABA, 1:1 aides, individualized programs or integrated classrooms.

Since this criteria is already in his IEP for the Fall, do we have any recourse with the School Board to bind them to providing what is in the IEP? The suggestions they have given us for new service providers don't even come close. My son has emerging speech and does not have behavior problems. He is advanced academically, but has problems with communication and socialization. The options we have been given from the school board would put him in classrooms with lower-functioning, non-verbal children, and absolutely no opportunities for integration.

Unfortunately, our school board does not offer a pre-k program.

Thank you.

 

[Snipes5]

Preschool is not a required part of the "curriculum" in any state, and in many places, Kindergarten is not required either.

I doubt they are required to carry out an IEP for a four year old, since this is not public school.

Snipes

 

[Zigner]

You need to seek the assistance of a special education law attorney and/or advocate. Use the "find a lawyer" link on the right, or use the local phone book.
(Snipes isn't too familiar with special ed law)

 

[notsmartmark]

Identification Birth to 21 is required and services 3 to 21 are required. States may not be required to offer Preschool programs, but they are required to identify and offer services for students who are disabled and require specially designed instruction. If a district is offering preschool, it must offer it to students who are disable.

You can invoke stay put and initiate your due process right; you can ask to go to mediate; you can ask to sit down and talk to them to try to resolve in a fashion that would work for all parties; and you can a combination of all of the above.

 

[Zigner]

AGAIN -

See advice/help from a special-ed attorney and/or advocate. If you have a good case, they'll take it at no cost to you (it's the district that will pay their fee)