Re: question about service plan/evaluations for a newbie

[Guest guest]

Hi Valeri

I've only had my child in public schools, so I can't answer your questions.

Have you looked here:

http://www.listen-up.org/rights/rights.htm#advocate

Personally...your referral was made the end of April so I would assume that

there were at least 5 - 6 more weeks left of school. I would think that

this would already be taken care of. I would send a letter registered mail,

returned receipt, + telling them that an IEP should be convened within 14

days so your child could have services when school starts (sounds like it is

a little late in the summer, though). I have never heard of this leftover

business; the school district in which your child lives should take the

lead.

I requested an evaluation May 15 of my daughter to prepare the new teacher

for middle school. She had the eval within three weeks and the last day of

school I had an updated report for her.

Good luck

>

[Guest guest]

The only thing I can add to what said is that you might want to read

this document:

Obligations of Public Agencies in Serving Children with Disabilities Placed

by Their Parents at Private Schools

http://www.edlaw.net/service/private-school-obligations.html

Please note that the responses come from the Department of Education and are

considered advisory, and that they are based on Federal Statues. States can

add to what they have to offer, but they can't take away anything federal

statues say they are responsible for.

-Kay

[Guest guest]

The only thing I can add to what said is that you might want to read

this document:

Obligations of Public Agencies in Serving Children with Disabilities Placed

by Their Parents at Private Schools

http://www.edlaw.net/service/private-school-obligations.html

Please note that the responses come from the Department of Education and are

considered advisory, and that they are based on Federal Statues. States can

add to what they have to offer, but they can't take away anything federal

statues say they are responsible for.

-Kay

[Guest guest]

The only thing I can add to what said is that you might want to read

this document:

Obligations of Public Agencies in Serving Children with Disabilities Placed

by Their Parents at Private Schools

http://www.edlaw.net/service/private-school-obligations.html

Please note that the responses come from the Department of Education and are

considered advisory, and that they are based on Federal Statues. States can

add to what they have to offer, but they can't take away anything federal

statues say they are responsible for.

-Kay

[Guest guest]

In a message dated 8/11/2004 9:02:44 PM Eastern Daylight Time,

vfdouga@... writes:

However, I understand that parochial students are served on a " leftover "

basis.

My questions: 1) should we have received something in writing from the

district? 2) am I correct that, even though Lyssa attends Catholic school

right now, she must be treated like any other referral kid, and the time

line for evaluation/developing a service plan applies? 3) am I correct that

determination for eligibility must be made by the first day of school?

Funny thing is, all we want is a personal FM unit for her to use in her

classroom.

Val,

This just bothered me. Their approach may be that parochial students are

served last, but I don't think that is legal. Your child is within their

district, under their legal purview and it is their job to provide the needed

services. You should not accept second-class status.

If all you are asking for is an FM system, they should not be giving you a

fight. It is an easy accomodation and giving it to you would be easier than

the grief you could bring down on them from the state Ed Dept. You are asking

for hardware, not a TOD or other human services, it's a realtively inexpensive

and easy request. So, get a letter from your audiologist, your pediatrician,

the speech therapist you've been paying for ... from anyone you feel would

be supportive in this. Get the letters together and call for another IEP

meeting and bring along the letters. If they say 'No " for any reason, then do

not

leave the meeting without hand-writing a request for an appeal. At that point

go to the speech therapist/audi/etc and see what services they think you

could or should have been asking for all along... a TOD, speech therapy IN

school, whatever you have been too shy to ask about. Then write a letter

requesting them as needed services. If you're going to fight the district, make

it a

good one. Plus, then there are things you can " give in " on that you are not

really wanting anyway. Treat it like a contract negotiation ... build in things

you don't need and are willing to give up.

Your child does not have to be failing to merit services. She has a physical

disability that has an educational impact. She needs support services and

they must provide them.

If they argue that you have your child in a parochial/private school, look

them in the eye and ask if they are planning to disciminate against your child

based on your religious choices. Here in NY the local district maintains

control of evaluating for services, as well as providing them. Don't just take

their " no " as the end of the conversation. Do not accept their assertion that

because she is in a local parochial school that they do not have any

responsibility for her needs.

All that having been said, I would start by calling your State Education

Dept and ask them about the rules in your state. Here in NY you could win this

fight. I do not know how things are set up in your state. Perhaps her being in

parochial school is a problem, but you need to find out for yourself, not

accept it just because the district said so.

Our district refused to acknowledge our son's hearing loss was

" educationally significant " and claimed that since they had no HOH service

availbale

within the district, we could not expect them to provide any. Wrong! They made

many claims that were completely untrue, so make the calls for yourself, don't

just accept their word for it. They are looking to spend as little money as

they can, because education budgets are incredibly tight all over the country.

But those budget concerns are not yours ... let them worry about their

funding. You're concern is your daughter's educational need.

Best of luck -- Jill

[Guest guest]

Terri-

We are in central Illinois. We are making some progress- have an

IEP/service plan meeting schedules for the 26th (the 4th day of school

rather than the first, but I've stopped counting). A local ombudsman agency

is starting to help us, and if necessary, will coach us through some due

process. As far as we can tell, the district must pay towards private

students a percentage of their budget equal to the percentage of private

school students divided by the total number of students (private plus

public). Now I am trying to track down budgets, etc., to get an idea of the

potential budget. Again, all we want if the district to provide the FM unit

for my daughter's classroom- nothing else.

Thanks to everyone for all the help and advice!

Val FD

At 10:38 AM 8/17/2004, you wrote:

>We have had the fortune/misfortune of living in three widely different

>states in the last 4 years and that has shown me just how different the

>states are in how they deal with students unilaterally placed by their

>parents in non-public schools. You need to look at your own state laws,

>talk to people in your state to find out how they treat this. In MA they

>are required to serve in addition to strict child find. In CA they only

>provided services to the percentage of federal funding (small) unless

>they knew you or you were grandfathered in before IDEA 97. IDEA 97

>is the federal law that specified how much (how little) they had to help

>these kids in outside schools (exactly - students unilaterally placed by

>their

>parents in non-public schools)

>

>Let us know what state you are in. There are probably people on the

>list who can help.

>

>Terri , mother of Kathy, almost 10! CII BTE, future artist and

>large animal vet (no cows!)

>