Guest guest Posted December 19, 2008 Report Share Posted December 19, 2008 Rodney, please consider looking into a form which involves " Other Health Impaired " if the pediatrician does not mind signing it this should help with the school laws when counted as excessive absences. If you have proof of how will your son benefits from ABA this will help with your future battles. May I ask why is your son receiving ABA? Behavioral issues, independent skills, reason I ask is to assist with being able to function at school which impacts his education. Example: Are these issues are being addressed if the school district is not providing these services? If they are and you are not satisfied than this is where y'all could battle on trying to get the ABA included on the IEP, it is trying to get them to contract with them. Every school district is different. I was able to remove my son early for his private ABA sessions but then this is back when he was attending HS. If they had any problem with it, during our IEP meetings which I brought up before I went ahead and pursue the ABA sessions where I had my ammo ready. They did not want to pay for the services and they knew that they were not able to accommodate the services. If your son suffers from some form of chronic illness and interferes with his education, this is where Other Health Impaired could assist. Just throwing things here, hopefully there is a solution for your son to continue receiving the ABA services. Verbal commitments are always a no go, always get everything and anything documented. Since the school goofed, hopefully they will not mind contracting where your son receives ABA. There has to be some way to tweak where needed to get this worked out, especially if Noah benefits from it. Keep us posted if any solution was ironed out. Irma,20,DS/ASD > > Does any body in the group have in their IEP to attend school less than > 5 days a week? > > We currently pull our 8 year old son out of school tuesdays and > thursdays for ABA. > We had a verbal committment from the school as long as we send a note > of excuse we were covered. > Well, we got a visit from the truent officer saying were in violation > of school policy. Not Good!! The school can get other agencies involved > and we really dont need or deserve this. > We did get a letter from the pediatrician stating the therepy is vital > for Noah's development. The school is not recognizing the letter. > We have another meeting on the 5th of jan. > We are not asking the school for more service but less and they will > not give. I am confused!! They said he must be in school 5 days a week. > > Is the schools special education funding based on daily attendence? > This the only thing I can come up. I am researching this know. > > Any info will help > > Rodney > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 19, 2008 Report Share Posted December 19, 2008 Rodney: In our school district when a child is declared Truant, they go before the juvenile judge. Out judge would pitch a fit - at the S/D for not meeting your child's needs, necessitating that you remove him for therapy 2 days a week! The school should be providing this needed therapy. And we pulled Elie out of school for 6 months, one day a week for extensive OT/PT which so exhausted him, he went home and slept! We never got visited, but I was prepared to go to juvenile court over this issue. On Fri, Dec 19, 2008 at 4:28 PM, rodneynsonia wrote: > Does any body in the group have in their IEP to attend school less than > 5 days a week? > > We currently pull our 8 year old son out of school tuesdays and > thursdays for ABA. > We had a verbal committment from the school as long as we send a note > of excuse we were covered. > Well, we got a visit from the truent officer saying were in violation > of school policy. Not Good!! The school can get other agencies involved > and we really dont need or deserve this. > We did get a letter from the pediatrician stating the therepy is vital > for Noah's development. The school is not recognizing the letter. > We have another meeting on the 5th of jan. > We are not asking the school for more service but less and they will > not give. I am confused!! They said he must be in school 5 days a week. > > Is the schools special education funding based on daily attendence? > This the only thing I can come up. I am researching this know. > > Any info will help > > Rodney > > > -- Sara - Life is a journey- we choose the path. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 19, 2008 Report Share Posted December 19, 2008 Hi Rodney, You made an innocent mistake but not good. You refer to the school but are you actually referring to the district's sped director? Did you receive permission from the school principal or the teacher? I am guessing that the district or state did a randon file review and the school got caught not delivering the educational time as specified on the IEP, rather than the school assuming responsibility, because you have nothing in writing and they could, you are at fault. Legally you are at fault. There are a few things that you could double check that may help your situation. The IEP has an hours grid, check the total educational hours to see if they match the 3 days of educational hours actually spent in school. If it does then you can bring this to your meeting for documentation but my guess is that it matches the 5 day grid. Did you ever ask the IEP team in a meeting for ABA services? Did you present any type of evaluation to justify your request? Was the team's denial of services reflected on prior written notice? Did you ever tape a meeting with this conversation? Do you have any independent evaluations from the ABA service provider to justify services then and now? A pediatrician's letter is not acceptable. If you did request this school based service that was denied, you could plead ignorance( not receiving or understanding procedural rights) for not appealing the denial in mediation or due process. You should request an IEP meeting asap, tape the meeting, bring a report from the ABA service provider, and hopefully the team will entertain discussing the services that need to be provided by the district. If you have any of this documentation you could prove that the district did not offer FAPE. There is a FREE in education, at no cost to the parent which is not available to your child. In the future, never assume. Get everything in writing in the IEP. It is legal for any child to have shortened school based hours only if it is legally documented in the IEP. Your mistake was not requesting a meeting and getting the hours documented to reflect the actually time spent at school. If you need more info, email me privately and I will send you my phone number. Charlyne Subject: IEP question To: Date: Friday, December 19, 2008, 4:28 PM Does any body in the group have in their IEP to attend school less than 5 days a week? We currently pull our 8 year old son out of school tuesdays and thursdays for ABA. We had a verbal committment from the school as long as we send a note of excuse we were covered. Well, we got a visit from the truent officer saying were in violation of school policy. Not Good!! The school can get other agencies involved and we really dont need or deserve this. We did get a letter from the pediatrician stating the therepy is vital for Noah's development. The school is not recognizing the letter. We have another meeting on the 5th of jan. We are not asking the school for more service but less and they will not give. I am confused!! They said he must be in school 5 days a week. Is the schools special education funding based on daily attendence? This the only thing I can come up. I am researching this know. Any info will help Rodney Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 19, 2008 Report Share Posted December 19, 2008 If you need more info, email me privately and I will send you my phone number. > Charlyne Rodney, I was waiting for Charlyne to respond, please email her privately to get her phone number or yours, so that she could assist you with this issues. She was one of my lifesaver back during my battle days. Can vouch for her. Irma,20,DS/ASD Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 19, 2008 Report Share Posted December 19, 2008 Hi Rodney, The most basic answer to your question is yes, an IEP CAN reflect the amount of time in school. The question is getting your school to go for it. The child I was involved with had a very different situation in which he had been in a serious car accident which ended in him having traumatic brain injury. As he worked towards coming back to school, his IEP reflected exactly when he would be in school with a stipulation that he would be able to come back for more schooling when ready. It's not ASD, but yes, there are IEP's out there that state amount of time in school. That being said, if you are trying to get the school to pay for ABA, here's the story....a school district is legally obliged to provide a service that will help your child make 'appropriate' progress. Many school programs help children with ASD to make progress, therefore the judge will determine it Free Appropriate Public Education and rule in the school's favor. If you can prove that your child has NOT made progress, but that ABA WILL help your child make progress, then you'd have a case for getting it into the school. But if he's making progress in the school (progress is such a vast term here), then the school does not have to provide ABA. Good luck! JEn Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 20, 2008 Report Share Posted December 20, 2008 Rodney, We currently take Jake late to school every Monday because we do OT and speech outside of the school environment. We don't even get a dr. excuse or letter from OT or Speech, I just write a tardy slip when I bring him in. Guess I better make sure this is in our IEP as well! Never thought about it! Thanks for the heads up and I hope you get things rectified with your school. Holly Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 20, 2008 Report Share Posted December 20, 2008 Most states have a required number of days that students must attend. If a student does not meet the requirement, they are not allowed to pass, even if the absences were excused ones. Regardless of special ed status, the truancy department probably got a red flag based only on number of days missed. I imagine there are ways to work around this within the special ed system in your school district. Keep at it & good luck! Carole mom to 12 1/2 Quote Link to comment Share on other sites More sharing options...
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