Re: Does School district pay for terp in a private school?

[Guest guest]

> I have been reading this list for years,

Hmmm....since this list has only been around for about a year, I hope you're

not saying that things are so boring here that time has dragged along and it

seems like years. ;-)

> Is the School District the appropriate payor for these services? If so,

> how would you suggest getting their agreement to pay. Our initial

> inquiry (informal conversation) was met with " Oh no, the School District

> is prohibited by law from providing such services in a private school, "

> a response I know is not the law. I just don't know if it is required

> or discretionary, but I know it is not prohibited! Someone on the list

> must knkow whre to point me.

Here is a good place to start looking:

Rulings & Guidance from OSEP, OCR, & Due Process

http://www.listen-up.org/rights/guidance.htm

Hugs,

Kay

[Guest guest]

Hi,

I think the school district would have to pay for the terp in the private

school. A couple of years ago, this would not have been the case. However,

about two or three

years ago their was a ruling by the US Supreme Court. It had to do with the

public school providing special reading services in the private school. The

school argued

seperation of church and state. The Supreme Court held that, by the public

school district providing the special service to the child in the private school

setting, the

only one to benifit from the service was the child. AS LONG AS THE PRIVATE

SCHOOL DOES NOT BENIFIT FROM THE SERVICE, THE SERVICE MUST BE PROVIDED FOR THE

CHILD'S

EDUCATION. That was the jist of the ruling. So, now public schools are

having to provide more and more services in private schools. I wish you luck in

researching

the ruling; however, because of the ruling, I feel you school district was

wrong.

Just about a year and a half ago, my sister asked me about service for my niece.

She goes to a catholic school and has a slight LD problem. The local school

district

claimed the did not have to privide her LD assistance because she was in the

private school. At the time, I knew the name of the courts ruling and I told

her to mention

it. My neice now gets services. A lot of times, the schools will say " NO " just

counting on parents not know enought to question it and dig.. Then, when you

prove them

wrong, they say OH, we did not know.

Good luck.

Dave

http://home.stlnet.com/~poohbear/fox.html

Walter wrote:

> Hi all--

>

> I have been reading this list for years, and contibuting here and

> there. My daughter is going into the 5th grade, is academically gifted

> and fully mainstreamed, with an FM, and a terp, in a school housing the

> county wide deaf and hh program (public school, but out of district).

> We are considering placing her is a private (non-religious) school where

> she would be the only hearing impaired child, but the cost of a terp and

> FM on top of the tuition would make it prohibitive.

>

> Is the School District the appropriate payor for these services? If so,

> how would you suggest getting their agreement to pay. Our initial

> inquiry (informal conversation) was met with " Oh no, the School District

> is prohibited by law from providing such services in a private school, "

> a response I know is not the law. I just don't know if it is required

> or discretionary, but I know it is not prohibited! Someone on the list

> must knkow whre to point me.

>

> Thanks for your help!

>

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[Guest guest]

>I think the school district would have to pay for the terp in the private

school. A couple of years ago, this would not have been the case. However,

about two or three

>years ago their was a ruling by the US Supreme Court.

This was before the 1997 Amendements took effect. Now, children placed

in private schools unilaterally by their parents, are covered under an

entirely different set of rules which are so abtruse and complex that

I'd pay good money to have someone explain it to me.

Children in private schools is subpart D of the implementing

regulations and can be found at 34 CFR Parts 300.400 - 300.462. The

regs can be accessed on-line at

http://www.ideapractices.org/idearegsmain.htm. The IDEA Practices

website also has the USDOE Brief, " Parentally-placed Children in

Private Schools, " at

http://www.ideapractices.org/regs/Brief10.htm.

Celeste

[Guest guest]

Nobody knows what they mean. When we were writing comments to Congress

re this amendment, all of the advocates and attorneys in our coalition

expressed concern about the wording which we felt was intentionally

vague. I don't know that there has been any case law to further define

the wording.

Walter wrote:

>

> Thanks, Celeste . . . . I think. Now I know what rules apply, I just can't

tell what they mean! Yikes!

>

> Celeste wrote:

>

> >

> >

> > >I think the school district would have to pay for the terp in the private

school. A couple of years ago, this would not have been the case. However,

about two or three

> > >years ago their was a ruling by the US Supreme Court.

> >

> > This was before the 1997 Amendements took effect. Now, children placed

> > in private schools unilaterally by their parents, are covered under an

> > entirely different set of rules which are so abtruse and complex that

> > I'd pay good money to have someone explain it to me.

> >

> > Children in private schools is subpart D of the implementing

> > regulations and can be found at 34 CFR Parts 300.400 - 300.462. The

> > regs can be accessed on-line at

> > http://www.ideapractices.org/idearegsmain.htm. The IDEA Practices

> > website also has the USDOE Brief, " Parentally-placed Children in

> > Private Schools, " at

> > http://www.ideapractices.org/regs/Brief10.htm.

> >

> > Celeste

> >

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[Guest guest]

Thanks, Celeste . . . . I think. Now I know what rules apply, I just can't

tell what they mean! Yikes!

Celeste wrote:

>

>

> >I think the school district would have to pay for the terp in the private

school. A couple of years ago, this would not have been the case. However,

about two or three

> >years ago their was a ruling by the US Supreme Court.

>

> This was before the 1997 Amendements took effect. Now, children placed

> in private schools unilaterally by their parents, are covered under an

> entirely different set of rules which are so abtruse and complex that

> I'd pay good money to have someone explain it to me.

>

> Children in private schools is subpart D of the implementing

> regulations and can be found at 34 CFR Parts 300.400 - 300.462. The

> regs can be accessed on-line at

> http://www.ideapractices.org/idearegsmain.htm. The IDEA Practices

> website also has the USDOE Brief, " Parentally-placed Children in

> Private Schools, " at

> http://www.ideapractices.org/regs/Brief10.htm.

>

> Celeste

>

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> Missing old school friends? Find them here:

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> All messages posted to this list are private and confidential. Each post is

the intellectual property of the author and therefore subject to copyright

restrictions.

[Guest guest]

I am in the exact same boat as you execpt one year behing, I have begun the

thought process & have checked out one school (private) & close to home that

we were not really thrilled with. I am so afraid she will get lost in the

schuffle come Middle School, but this situation seems to be the best as far

as providing services for her--have you found out anything? What state are

you in-me NC

[Guest guest]

Well, so far I have done nothing more than gather the information, that you have

probably seen also, htat has been posted to this listserve in response to my

inquiry.

this most recent post from Celeste appears to have the most guidance ( which is

still not much ). I think the regulations were a political compromise, and

nobody knows

what they really mean. I find at least some promise in the regs., and this

memorandum that Celest just posted, and plan to talk with the local head of

Special Ed. for

my school district sometime this summer.

I am in Central New York State.

Since I am looking only for interpreter services, and maybe some SLP and

audiological services, which my daughter gets now (along with full

out-of-district tuition paid

to a neighboring district) I think the district will see the economic benefits

of providing the services only, and not the tuition if I put her in the private

school.

(Before everyone jumps in, I know that they are not supposed to look at economic

factors, but since their economic interests and my desire for a change of

services

coincides . . . ) Wish me luck, and I will keep you posted.

gjstarfish@... wrote:

> I am in the exact same boat as you execpt one year behing, I have begun the

> thought process & have checked out one school (private) & close to home that

> we were not really thrilled with. I am so afraid she will get lost in the

> schuffle come Middle School, but this situation seems to be the best as far

> as providing services for her--have you found out anything? What state are

> you in-me NC

>

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[Guest guest]

> (Before everyone jumps in, I know that they are not supposed to look at

economic factors, but since their economic interests and my desire for a

change of services

> coincides . . . ) Wish me luck, and I will keep you posted.

I don't see anything wrong with that. I have used this tactic myself. They

can't bring up how much something costs but I can. A couple of years ago I

was taking my daughter some distance away weekly for SI therapy. I asked my

insurance was covering it with no out of pocket to me. I didn't want to go

through the hassle of forcing the school to pay for it and I just wanted the

therapy done as soon as possible. So I proposed that they pay my mileage

for transporting her and told them they didn't have to pay for the therapy.

The SPED couldn't agree to that fast enough. There have been other things

over the years as well. Let's face it, money talks.

Barb