Re: Re: Reimbursement for Private Pre-School burden of proof

[Guest guest]

what state was this in? NJ??? Supreme court has ruled burden of proof to

bewith parents; however, some states such as NJ have ruled it is with the

school. See attached IDEA rulings.

sharon

http://www.state.nj.us/publicadvocate/reports/pdfs/SpecialEducation.pdf

greeneyed_angel27 <greeneyed_angel27@...> wrote:

Ok I can help a little, what we did when my son was 2 and half we

were told the same thing and they put him in with children that were

autistic and he began to mimic them which is what apraxic kids do.

What was needed was an environment of chidren with similar and

differnt issues. The school said it could not help I found that

unacceptable, I forwarded the rediculous IEP they wrote to the State

Board of Eduaction of education as well as my evaluations from my

private speech therapist my development person at children and from

the pedictrican. i indicated that the system was failing my child

and no recommendation that was acceptable was being made. What I

found out was that if the school district cannot provide proper

learning for your child they must pay even an outside area to do so

due to your tax dollar and your rights in general. The school was

audit and found to not only be in the wrong but had fail many a

child and was not properly staffed with the personnel needed for

special needs children in general. What finally took place was that

they had to pay for a special school for my son as well as

transportation. All I can say is network and know your rights, you

would be amazed how much you would learn. Right now his school is

in terror each time I show up for an IEP or even for a class trip.

Fear is an educated Parent is their worst nightmare. Be their worst

nightmare and be your child advocate!

>

> Hi:

> My nearly 3 year old apraxic son just had his IEP on Friday.

Prior

> to this, the public special needs pre-school has consistently

stated

> that they can only provide Adam with 1 hour of individual ST per

> week, despite the fact that he has been getting 2 hours of private

ST

> for the last few months and continues to need this much time.

They

> had also told me that they would only provide the hour of ST if we

> attended their public special needs pre-school at least 2 days per

> week. In the meantime, a school board member got wind of this and

> long story short, we were offered the 2 hours of ST and they did

not

> insist we attend their pre-school at the IEP meeting.

>

> I have tried to explain on a number of occasions why their program

is

> not appropriate for Adam, and they insist their special needs

program

> is appropriate for all disabled children-they accomodate all

children

> that are referred. So, we were given one public pre-school

program

> to choose from...a program of about 10 kids, (2-3 typical children

at

> most, all others appearing to have either behavioral/emotional

> disorders, severe physical disabilities, or other learning

> disabilities. The majority of children also had some level of

speech

> disorder, so it was hard for me to see who would be the " speech

role-

> models " for Adam). They call it a language-based program, but it

> seems very behaviorally focused due to the needs of the children

in

> the class. Also, to make matters worse, they are down numerous

SLP

> positions, so all individual ST is contracted out off site,

including

> ours. So, here is my question...does the public school have any

> obligation to offer some other type of program to us, including a

> private pre-school with typical children where Adam's speech

therapy

> goals can be carried out in the classroom? Adam currently attends

a

> private pre-school and has made great progress as they are

> incorporating his ST goals in the class. This is clearly the least

> restrictive environment, but I am not sure how LRE applies to pre-

> schools. At the IEP meeting we were told in no uncertain terms

that

> they would not reimburse us for the private school; we had only

one

> choice for a free education and that was there public pre-school

> disabled program. Any feedback would be greatly appreciated on

this

> issue. I don't want to pursue this funding issue if it is just

not

> worthwhile.

> Thanks!

> Holly

> Mother to Adam, nearly 3 years old, apraxic

>

The information transmitted is intended only for the person or entity to which

it is addressed and may contain confidential, proprietary, and/or privileged

material. Any review, retransmission, dissemination or other use of, or taking

of any action in reliance upon, this information by persons or entities other

than the intended recipient is prohibited. If you receive this in error, please

contact the sender and delete the material from all computers.

Sharon Lang

---------------------------------

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[Guest guest]

Well, I am so sorry to hear how frustrating this is for you and Adam. I will

say one thing about your school, though, atleast they want the private

information.

We have been writing IEPs for 4 years with goals our daughter has mastered in

private therapy or at home. The school must see this before they will mark it

mastered. She has cp and is very inconsistenty (part of the dx). She can show

you one day and a week later not show you and then show you again. So atleast

they want the input.

I am glad you are not in NJ as the article I read state that it would take

legislation to put the burden back on the state in NJ.

You are on the right path. Talk to someone who knows NH law, though. That is

the starting place. www.wrightslaw.com has wonderful resourcesas well as

on-line advocacy training (reasonable rates),books etc. You might try that

until you can find someone who has gone through this process in NJ.

Best of luck. Keep us posted on Adam's progress. You are a great mom.

Sharon

hlnoone <hlnoone@...> wrote:

Thanks so much for all the valuable information. We are in NH and I

am trying to get in touch with local advocates, and to learn more

about our state's regulations.

The IEP they presented us with was ridiculous. They never even

called his private SLP for an update on his progress. Rather than

taking any initiative to find out anything about Adam, they have

relied solely on me to bring information to meetings, and then they

complain because they did not have the important information ahead of

time. When I presented a progress report update from Adam's private

SLP at the IEP meeting, the school SLP rudely said " I wish I had this

yesterday " when she was writing the IEP. The goals she actually

wrote Adam has already accomplished. (She wanted Adam to have 65

words by June...he already has 100!!!!!). It is so frustrating. The

good part is that they have agreed to use Adam's private SLP's tx

plan for his IEP goals, and they are paying for the 2 hours of speech

therapy. (As I had mentioned in by previous post, this is only b/c

someone from the school board put pressure on the right people).

The SPED department clearly does not like me, and that bothers me,

but I know I am the only one who can help Adam get what he needs.

They accused me of " trying to shelter " Adam from disabled children,

because I don't think their placement in the SPED class is

appropriate! Adam has the ability to be with typical peers, with the

rights supports, and my understanding is that IDEA would support

this. Thanks for the feedback!

Holly

> >

> > Hi:

> > My nearly 3 year old apraxic son just had his IEP on Friday.

> Prior

> > to this, the public special needs pre-school has consistently

> stated

> > that they can only provide Adam with 1 hour of individual ST per

> > week, despite the fact that he has been getting 2 hours of

private

> ST

> > for the last few months and continues to need this much time.

> They

> > had also told me that they would only provide the hour of ST if

we

> > attended their public special needs pre-school at least 2 days

per

> > week. In the meantime, a school board member got wind of this and

> > long story short, we were offered the 2 hours of ST and they did

> not

> > insist we attend their pre-school at the IEP meeting.

> >

> > I have tried to explain on a number of occasions why their

program

> is

> > not appropriate for Adam, and they insist their special needs

> program

> > is appropriate for all disabled children-they accomodate all

> children

> > that are referred. So, we were given one public pre-school

> program

> > to choose from...a program of about 10 kids, (2-3 typical

children

> at

> > most, all others appearing to have either behavioral/emotional

> > disorders, severe physical disabilities, or other learning

> > disabilities. The majority of children also had some level of

> speech

> > disorder, so it was hard for me to see who would be the " speech

> role-

> > models " for Adam). They call it a language-based program, but it

> > seems very behaviorally focused due to the needs of the children

> in

> > the class. Also, to make matters worse, they are down numerous

> SLP

> > positions, so all individual ST is contracted out off site,

> including

> > ours. So, here is my question...does the public school have any

> > obligation to offer some other type of program to us, including a

> > private pre-school with typical children where Adam's speech

> therapy

> > goals can be carried out in the classroom? Adam currently attends

> a

> > private pre-school and has made great progress as they are

> > incorporating his ST goals in the class. This is clearly the

least

> > restrictive environment, but I am not sure how LRE applies to pre-

> > schools. At the IEP meeting we were told in no uncertain terms

> that

> > they would not reimburse us for the private school; we had only

> one

> > choice for a free education and that was there public pre-school

> > disabled program. Any feedback would be greatly appreciated on

> this

> > issue. I don't want to pursue this funding issue if it is just

> not

> > worthwhile.

> > Thanks!

> > Holly

> > Mother to Adam, nearly 3 years old, apraxic

> >

>

>

>

>

>

>

> The information transmitted is intended only for the person or

entity to which it is addressed and may contain confidential,

proprietary, and/or privileged material. Any review, retransmission,

dissemination or other use of, or taking of any action in reliance

upon, this information by persons or entities other than the intended

recipient is prohibited. If you receive this in error, please contact

the sender and delete the material from all computers.

>

> Sharon Lang

>

> ---------------------------------

> Looking for last minute shopping deals? Find them fast with

Search.

>

>

[Guest guest]

Here is the link to the doe free publications I mentioned. I got tons of

brochures and cds about IDEA etc. sent to my home at no cost , not even postage.

FYI

Sharon

http://www.ed.gov/about/pubs/intro/index.html?src=gu

hlnoone <hlnoone@...> wrote:

Thanks so much for all the valuable information. We are in NH and I

am trying to get in touch with local advocates, and to learn more

about our state's regulations.

The IEP they presented us with was ridiculous. They never even

called his private SLP for an update on his progress. Rather than

taking any initiative to find out anything about Adam, they have

relied solely on me to bring information to meetings, and then they

complain because they did not have the important information ahead of

time. When I presented a progress report update from Adam's private

SLP at the IEP meeting, the school SLP rudely said " I wish I had this

yesterday " when she was writing the IEP. The goals she actually

wrote Adam has already accomplished. (She wanted Adam to have 65

words by June...he already has 100!!!!!). It is so frustrating. The

good part is that they have agreed to use Adam's private SLP's tx

plan for his IEP goals, and they are paying for the 2 hours of speech

therapy. (As I had mentioned in by previous post, this is only b/c

someone from the school board put pressure on the right people).

The SPED department clearly does not like me, and that bothers me,

but I know I am the only one who can help Adam get what he needs.

They accused me of " trying to shelter " Adam from disabled children,

because I don't think their placement in the SPED class is

appropriate! Adam has the ability to be with typical peers, with the

rights supports, and my understanding is that IDEA would support

this. Thanks for the feedback!

Holly

> >

> > Hi:

> > My nearly 3 year old apraxic son just had his IEP on Friday.

> Prior

> > to this, the public special needs pre-school has consistently

> stated

> > that they can only provide Adam with 1 hour of individual ST per

> > week, despite the fact that he has been getting 2 hours of

private

> ST

> > for the last few months and continues to need this much time.

> They

> > had also told me that they would only provide the hour of ST if

we

> > attended their public special needs pre-school at least 2 days

per

> > week. In the meantime, a school board member got wind of this and

> > long story short, we were offered the 2 hours of ST and they did

> not

> > insist we attend their pre-school at the IEP meeting.

> >

> > I have tried to explain on a number of occasions why their

program

> is

> > not appropriate for Adam, and they insist their special needs

> program

> > is appropriate for all disabled children-they accomodate all

> children

> > that are referred. So, we were given one public pre-school

> program

> > to choose from...a program of about 10 kids, (2-3 typical

children

> at

> > most, all others appearing to have either behavioral/emotional

> > disorders, severe physical disabilities, or other learning

> > disabilities. The majority of children also had some level of

> speech

> > disorder, so it was hard for me to see who would be the " speech

> role-

> > models " for Adam). They call it a language-based program, but it

> > seems very behaviorally focused due to the needs of the children

> in

> > the class. Also, to make matters worse, they are down numerous

> SLP

> > positions, so all individual ST is contracted out off site,

> including

> > ours. So, here is my question...does the public school have any

> > obligation to offer some other type of program to us, including a

> > private pre-school with typical children where Adam's speech

> therapy

> > goals can be carried out in the classroom? Adam currently attends

> a

> > private pre-school and has made great progress as they are

> > incorporating his ST goals in the class. This is clearly the

least

> > restrictive environment, but I am not sure how LRE applies to pre-

> > schools. At the IEP meeting we were told in no uncertain terms

> that

> > they would not reimburse us for the private school; we had only

> one

> > choice for a free education and that was there public pre-school

> > disabled program. Any feedback would be greatly appreciated on

> this

> > issue. I don't want to pursue this funding issue if it is just

> not

> > worthwhile.

> > Thanks!

> > Holly

> > Mother to Adam, nearly 3 years old, apraxic

> >

>

>

>

>

>

>

> The information transmitted is intended only for the person or

entity to which it is addressed and may contain confidential,

proprietary, and/or privileged material. Any review, retransmission,

dissemination or other use of, or taking of any action in reliance

upon, this information by persons or entities other than the intended

recipient is prohibited. If you receive this in error, please contact

the sender and delete the material from all computers.

>

> Sharon Lang

>

> ---------------------------------

> Looking for last minute shopping deals? Find them fast with

Search.

>

>

[Guest guest]

I am in Atlanta, GA. We have had the best luck with fiing state complaints as

the threat of due process. I actually found out the end of December that we won

our complaint regarding the county not fully implementing the IEP and failing to

provide a FAPE.

Of course their remedy was additional services, but it is more a vicotry for

the record books and to have a history. We are constantly trying to get theIEP

implemented. That has beenour biggest battle. State DOE complaints seem to

scare the county and have worked for us better than anything else we have done

(we sued at age 3, negotiated a settlement with the special ed director at age 5

prior to filing for due process and did a DOE complaint when she was 7) .

I have learned alot over the past 4 years, mostly totrust no one and to

document everything and find someone who knows more than you do to help, no

matter what it costs. If we don't help these kids now, they have no chance of

helping themsleves later. We have to keep up the fight, eventhose of us who

would have been conisdered pcifists before having special needs kids in our

families.

sharon

greeneyed_angel27 <greeneyed_angel27@...> wrote:

Its land but Virginia is even stricker, what state are you in?

The school will have a rather shaky stand with the state and the

qualifications of the staff if everyone else disputes the finding,

they will of course try and bring someone in to verify but OSHA is

the for example the groups that controls the licenses of therapist.

My Private therapist actually worked in my school district while

training so she new the tricks and if OSHA is contacted it examines

the child and the person making the claim on your child, thus their

license comes into play same thing with the rest of the staff,

nobody wants their evaluation question by a higher attority and the

state does not want it on their record that they let a child fall

thru the cracks due to neglect. Trust me, on this I have heard some

good advice from therapist and teachers who have come full circle

since they now have children or family members themselves with

special needs.

> >

> > Hi:

> > My nearly 3 year old apraxic son just had his IEP on Friday.

> Prior

> > to this, the public special needs pre-school has consistently

> stated

> > that they can only provide Adam with 1 hour of individual ST per

> > week, despite the fact that he has been getting 2 hours of

private

> ST

> > for the last few months and continues to need this much time.

> They

> > had also told me that they would only provide the hour of ST if

we

> > attended their public special needs pre-school at least 2 days

per

> > week. In the meantime, a school board member got wind of this

and

> > long story short, we were offered the 2 hours of ST and they did

> not

> > insist we attend their pre-school at the IEP meeting.

> >

> > I have tried to explain on a number of occasions why their

program

> is

> > not appropriate for Adam, and they insist their special needs

> program

> > is appropriate for all disabled children-they accomodate all

> children

> > that are referred. So, we were given one public pre-school

> program

> > to choose from...a program of about 10 kids, (2-3 typical

children

> at

> > most, all others appearing to have either behavioral/emotional

> > disorders, severe physical disabilities, or other learning

> > disabilities. The majority of children also had some level of

> speech

> > disorder, so it was hard for me to see who would be the " speech

> role-

> > models " for Adam). They call it a language-based program, but it

> > seems very behaviorally focused due to the needs of the children

> in

> > the class. Also, to make matters worse, they are down numerous

> SLP

> > positions, so all individual ST is contracted out off site,

> including

> > ours. So, here is my question...does the public school have any

> > obligation to offer some other type of program to us, including

a

> > private pre-school with typical children where Adam's speech

> therapy

> > goals can be carried out in the classroom? Adam currently

attends

> a

> > private pre-school and has made great progress as they are

> > incorporating his ST goals in the class. This is clearly the

least

> > restrictive environment, but I am not sure how LRE applies to

pre-

> > schools. At the IEP meeting we were told in no uncertain terms

> that

> > they would not reimburse us for the private school; we had only

> one

> > choice for a free education and that was there public pre-school

> > disabled program. Any feedback would be greatly appreciated on

> this

> > issue. I don't want to pursue this funding issue if it is just

> not

> > worthwhile.

> > Thanks!

> > Holly

> > Mother to Adam, nearly 3 years old, apraxic

> >

>

>

>

>

>

>

> The information transmitted is intended only for the person or

entity to which it is addressed and may contain confidential,

proprietary, and/or privileged material. Any review,

retransmission, dissemination or other use of, or taking of any

action in reliance upon, this information by persons or entities

other than the intended recipient is prohibited. If you receive this

in error, please contact the sender and delete the material from all

computers.

>

> Sharon Lang

>

> ---------------------------------

> Looking for last minute shopping deals? Find them fast with

Search.

>

>

[Guest guest]

I will try this again... sorry about it not copying well. It looks like the

state of nj has lots of articles, so you can do more research on this if you

like.

sharon

http://www.state.nj.us/publicadvocate/news/releases/approved/

070514_specialed.html 65% |||||||||||||||||||| 22 Jun 07 Find

Similar

---------------------------------

sharon lang <flipperlang@...> wrote:

I am in Atlanta, GA. We have had the best luck with fiing state

complaints as the threat of due process. I actually found out the end of

December that we won our complaint regarding the county not fully implementing

the IEP and failing to provide a FAPE.

Of course their remedy was additional services, but it is more a vicotry for the

record books and to have a history. We are constantly trying to get theIEP

implemented. That has beenour biggest battle. State DOE complaints seem to scare

the county and have worked for us better than anything else we have done (we

sued at age 3, negotiated a settlement with the special ed director at age 5

prior to filing for due process and did a DOE complaint when she was 7) .

I have learned alot over the past 4 years, mostly totrust no one and to document

everything and find someone who knows more than you do to help, no matter what

it costs. If we don't help these kids now, they have no chance of helping

themsleves later. We have to keep up the fight, eventhose of us who would have

been conisdered pcifists before having special needs kids in our families.

sharon

greeneyed_angel27 <greeneyed_angel27@...> wrote:

Its land but Virginia is even stricker, what state are you in?

The school will have a rather shaky stand with the state and the

qualifications of the staff if everyone else disputes the finding,

they will of course try and bring someone in to verify but OSHA is

the for example the groups that controls the licenses of therapist.

My Private therapist actually worked in my school district while

training so she new the tricks and if OSHA is contacted it examines

the child and the person making the claim on your child, thus their

license comes into play same thing with the rest of the staff,

nobody wants their evaluation question by a higher attority and the

state does not want it on their record that they let a child fall

thru the cracks due to neglect. Trust me, on this I have heard some

good advice from therapist and teachers who have come full circle

since they now have children or family members themselves with

special needs.

> >

> > Hi:

> > My nearly 3 year old apraxic son just had his IEP on Friday.

> Prior

> > to this, the public special needs pre-school has consistently

> stated

> > that they can only provide Adam with 1 hour of individual ST per

> > week, despite the fact that he has been getting 2 hours of

private

> ST

> > for the last few months and continues to need this much time.

> They

> > had also told me that they would only provide the hour of ST if

we

> > attended their public special needs pre-school at least 2 days

per

> > week. In the meantime, a school board member got wind of this

and

> > long story short, we were offered the 2 hours of ST and they did

> not

> > insist we attend their pre-school at the IEP meeting.

> >

> > I have tried to explain on a number of occasions why their

program

> is

> > not appropriate for Adam, and they insist their special needs

> program

> > is appropriate for all disabled children-they accomodate all

> children

> > that are referred. So, we were given one public pre-school

> program

> > to choose from...a program of about 10 kids, (2-3 typical

children

> at

> > most, all others appearing to have either behavioral/emotional

> > disorders, severe physical disabilities, or other learning

> > disabilities. The majority of children also had some level of

> speech

> > disorder, so it was hard for me to see who would be the " speech

> role-

> > models " for Adam). They call it a language-based program, but it

> > seems very behaviorally focused due to the needs of the children

> in

> > the class. Also, to make matters worse, they are down numerous

> SLP

> > positions, so all individual ST is contracted out off site,

> including

> > ours. So, here is my question...does the public school have any

> > obligation to offer some other type of program to us, including

a

> > private pre-school with typical children where Adam's speech

> therapy

> > goals can be carried out in the classroom? Adam currently

attends

> a

> > private pre-school and has made great progress as they are

> > incorporating his ST goals in the class. This is clearly the

least

> > restrictive environment, but I am not sure how LRE applies to

pre-

> > schools. At the IEP meeting we were told in no uncertain terms

> that

> > they would not reimburse us for the private school; we had only

> one

> > choice for a free education and that was there public pre-school

> > disabled program. Any feedback would be greatly appreciated on

> this

> > issue. I don't want to pursue this funding issue if it is just

> not

> > worthwhile.

> > Thanks!

> > Holly

> > Mother to Adam, nearly 3 years old, apraxic

> >

>

>

>

>

>

>

> The information transmitted is intended only for the person or

entity to which it is addressed and may contain confidential,

proprietary, and/or privileged material. Any review,

retransmission, dissemination or other use of, or taking of any

action in reliance upon, this information by persons or entities

other than the intended recipient is prohibited. If you receive this

in error, please contact the sender and delete the material from all

computers.

>

> Sharon Lang

>

> ---------------------------------

> Looking for last minute shopping deals? Find them fast with

Search.

>

>