Re: Re: burden of proof- Sharon

[Guest guest]

Hi Sharon,

Please see the attachment regarding the burden of proof in NJ. This happened

today!

If you have any questions you may want to contact an advocate or the person

listed on the posting from the ARC

Yay!!!!

HTH,

YVette

Hello Families Network! I just wanted to send you a quick email to let you

know that Governor Corzine signed A4076/S2604 into law this morning. This

makes it official, and the law in NJ now states that the burden of proof is

on schools districts in special education due process hearings. Thanks

again for all your wonderful work on this issue. This is a huge success and

a great example of what we can accomplish when we come together and take

action!

Denbigh Dixon

Director, Family Advocacy Program

The Arc of New Jersey

985 Livingston Avenue

North Brunswick, NJ 08902

(732) 246-2525 ext.49

ddixon@...

www.arcfamilyadvocacy.org

Re: [ ] Re: Reimbursement for Private Pre-School

burden of proof

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

>

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Sharon Lang

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