Due Process

[Guest guest]

Has anyone gone through due process hearing to fight for less restrictive environment for their child with ASD?

Our son is 13, Aspergers, ADHD, generalized anxiety, NVLD, sensory issues. I have written before about situation we are in with our son who was kicked out of an "open enrolled" school district shortly after school started. We had him in a partial hospitalization program for 3.5 weeks which was a huge mistake - med trials that were disastrous, caused weight gain, rages, etc. We have now taken him off all meds except Tenex. He is doing remarkably well.

HOWEVER, he is not in school. He is currently on home bound instruction but we want him in a school ...he wants to be in a school.

The enrolled district won't allow him back - they feel he needs a more restrictive (Level IV) setting and want to place him in that school with class size of 3-4 boys. We feel he can be served in a Level III setting where he will have some access to "non-disabled" peers. Our "home" district - where we live, will not allow him back as there is some law regarding "desegregation." Ideally, we would like him in a school that serves those with Asperger's and HFA but they currently do not have any openings. We did find another school that has a program within their middle school for ASD students. They mainstream as much as is tolerated.

So, we are looking at a due process hearing against the "open enrolled" school to fight their level IV placement. We do have a behaviorist who stated that our son could be successful in a Level III with the right supports and that he needs to have contact with non-disabled peers. He needs to be around "kind" students who will be open to mentoring him rather than bullying.

I am just wondering if anyone else out there has had experience with due process that would be willing to share their experience.

Thanks.

aj