Re: Was: OT: Yellow Obsession / Now: Catholic School

[Guest guest]

>My understanding is that they can't refuse you one service (e.g.

>speech, OT) because you refuse to accept another (e.g. free

>schooling). However, I haven't found anyone with specific knowledge

>on the law, and the district denies that they have to provide the

>services regardless of school choice. Have you looked into this

>issue in your state? (We're in NJ.)

If you refuse public school they are not required to provide services

sadly. Most districts will still provide something, but not all. These

children are provided for under a service plan, not an IEP. You can search

the IDEA for more information on this. One way many get around this is to

argue and have the IEP team agree that the alternative placement is

necessary to provide the child with his LRE. This is not to say the " best "

or " most appropriate " environment, but the " least restrictive. " They are

not the same. Some districts leap at the chance to only need to provide a

few hours of therapies to a child who is homeschooled or placed in a

private school, but others, like mine, fight it tooth and nail. Sadly it's

about money and resources. Our district here doesn't seem too smart about

finances. They are refusing to pay $174/mo for my son's private preschool,

but they are happy to pay their teachers, therapists and attorneys to

attend over 15 hours of IEPs to fight us on this! They want him in their

special needs school because then they get the per student $ for him which

they don't get if they provide a SLP to his private school. It's

crazy! For us it was KEY to have it written into his IEP that the public

schools placement was not his LRE and therefore they could not provide FAPE

so he was placed out of district. They are providing the therapist

(finally - well one of them they are refusing all but the speech therapy)

but they are still not paying for the tuition.

Miche

[Guest guest]

Hi Miche!

I agree that schools are not obligated to provide the " best "

placement, and of course also agree that by Federal law children are

entitled to be schooled in the " least restrictive environment, but

perhaps I misunderstand your point about using the word

appropriate. True you may not want to say " most appropriate "

because that may sound to much like " best " but don't underestimate

the word appropriate when used alone. Schools are obligated to

provide " appropriate " placement and therapy for a child's needs.

That would be the definition of LRE (least restrictive environment)

but of course covers so much more.

About school therapy being provided for a child who is homeschooled or in

private school -I'd get that in writing from the school and ask them

to explain why, and 'then' check out the IEP stuff online. First of

all if you check the archives or join a local support group you'll

find some who do have therapy through the school after pulling the

child out of the rest of the program, and second because they won't

put it in writing if it's not legal because it opens them up to a

lawsuit. So the quick way to learn the truth (yes you can get

therapy even if you refuse the rest of the program). You do by rule

want to play the game of having the entire IEP team agree and not

appear to be hostile about pulling a child out of a program. Never

say never because you'd be shocked how many rabbits the public

school can pull from the hat when push comes to shove. Not that you

have to shove -but you get the point. You can be nice when you

advocate most of the time, but you can also make it clear that you

know your child's rights and won't allow for inappropriate placement

or therapy..or statements from them! (see -can't use the word too much!)

=====

[Guest guest]

Hi again Miche!

Hope some of the members who have secured this can jump in. The

laws are not always black and white. This is why it's best to ask

the school when you are not sure about something to put what they

claim to be " fact " in writing and explain why. If it's not legal

they won't put it in writing. And if they won't put it in writing,

you can put it in writing to them what they said and ask if

you " misunderstood " what they were trying to say. By law (again) if

it's not legal -you just created part of the paper trail that would

stand up in a court of law if it ever had to come to that. I myself

as much as I did in advocating never had to go that far to secure

appropriate (and in the case of the Summit Speech School

appropriate 'and' best!) placement.

Oh -and you'll get the real answer from either approach above.

And if as below they say they will provide it but don't...

let me know what state you are in and I'll tell you who to contact.

It's a game -and two can play that game!

Best!

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