Posts Tagged: IDEA


16
Aug 10

3 Important Requirements For Special Education Tuition Reimbursement!

Are you the parent of a child with Dyslexia, learning disability, or autism that receives special education services? Are you concerned that your child is not learning? Have you considered placing your child in a private school and asking for tuition reimbursement? This article will discuss 3 needed requirements for parents to ask for reimbursement for a private special education placement.

The Individuals with Disabilities Education Act (IDEA) allows parents to seek reimbursement for private school tuition, but only if certain requirements are followed by the parents. The section of IDEA that covers tuition reimbursement was not changed in 2004 when it was reauthorized.

The requirements are:

1. The school must have been found by a hearing officer or court to have denied your child a Free Appropriate Public Education (FAPE)! If a hearing officer or court finds that your child was not denied FAPE then the school district is not responsible for reimbursing private school tuition.

2. The private school must be appropriate to meet the child’s educational needs.

Tuition reimbursement is not only for those children that have previously been in public school. A recent US Supreme Court ruling also allows reimbursement if a child with a disability has been in private school (but public school must deny FAPE), and if a child has been found not to have a disability and denied eligibility for special education services (which is a denial of FAPE)!

3. Before a parent removes a child with a disability from a public program they are required to do the following:

A. At the most recent Individual Education Plan (IEP) meeting parents must state their concerns and reasons why the proposed IEP denies their child FAPE and their intention to place the child in a private school and seek tuition reimbursement from the public school OR

B. 10 business days before you take your child out of the public school program a letter needs to be written which contains the following: Specific concerns in detail about why the proposed IEP denies your child FAPE, your reasons for rejecting the proposed IEP, why your child will be harmed or damaged if put in the school districts proposed program, and a statement of your intent to enroll your child in a private program at public expense (tuition reimbursement)!

If you are a parent considering this course of action I would notify the school district at an IEP meeting and write a letter; this way they cannot say that they were not notified. Hearing Officers and Courts can reduce reimbursement if these rules are not followed. Also take the time to research your states policies and procedures for tuition reimbursement and Case law on the subject! Good luck in your fight for a free appropriate public education for your child!


24
Feb 10

4 Important Areas of Transition For Your Child Receiving Special Education Services

Do you have a child with autism that is 16 years of age or above, receiving special education services? Do you worry about what will happen to your child, after they are no long eligible, for special education services at the age of 22? Would you like to learn what 4 areas need to be considered when you are writing a transition plan for your child? This article will discuss four important areas of transition, that must be included ,when special education personnel write a transition plan for your child.

The Individual with Disabilities Education Act require a transition plan and needed transition services on the plan, for all children with disabilities who are 16 years of age. Some states require that the plan be developed when the child is 14 and ? so check with your state board of education and see what the age requirements are in your state.

Transition Services means a coordinated set of activities, designed in a result oriented process, that is focused on improving the academic and functional achievement, of the child with a disability to facilitate movement from school to post school activities.

There are 4 areas that must be addressed in the transition plan, these are:

1. Employment is defined as competitive, supported etc. Transition assessments may be done in the area of employment to determine Strengths, weaknesses, preferences and interest of the student in developing post school outcomes. You may request a functional vocational evaluation, if you think that your child needs it. It is important to have high expectations in the area of employment so to help a child reach their full potential.

2. Post Secondary Education is defined as college 2 yr. 4 yr, trade school, vocational school based on student preference. The transition goals should help bring the student to the place they need to be in order to go to post secondary education.

3. Post Secondary Training is defined as vocational training, independent living skills training. This is different from #2 because this training is usually given by an agency that works with adults with disabilities. This would be appropriate for students with moderate to severe disabilities, though high expectations should still be expected. Hopefully this training can be given in the community and not at the agencies building (most people refer to such as sheltered workshops). Community is always better!

4. Independent Living Skills training if needed, and is defined as, activities of daily living, functional home skills, cooking, shopping, housework, money skills, budgets, transportation, recreation/leisure, and future planning.

I believe that all students regardless of the level of their disability must be given functional skills training and independent living skills training. It will help the adult become as independent as they can be, and will ensure that they reach their full potential.

If you make sure that your child’s transition plan includes these 4 areas: Employment, Post secondary education, Post secondary training, and Independent Living Skills training, your child will be on their way to reaching their full potential as an adult.

JoAnn Collins is the mother of two adults with disabilities, and has helped families navigate the special eduation system, as an advocate, for over 15 years. She is a presenter and author of the book “Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game.” The book has a lot of resources and information to help parents fight for an appropriate education for their child. For a free E newsletter entitled “The Special Education Spotlight” send an E mail to: JoAnn@disabilitydeception.com – For more information on the book, testimonials about the book, and a link to more articles go to: http://www.disabilitydeception.com


1
Feb 10

4 Tips For Giving 10 Day Written Notice For Private Special Education Placements

Do you have a child with autism or dyslexia that is not receiving a free appropriate public education (FAPE) from their school district? Have you found a private school that has the knowledge and experience with your child’s type of disability-perhaps a school devoted to children with autism? Did you know that parents that place their children in private schools because they are not receiving FAPE, can be reimbursed for the cost? This article will discuss 4 tips to help you in giving your school district 10 day written notice for a private school placement, due to lack of FAPE.

Tip 1: Contact a Parent Training and Information Center and try and get as much information as you can on how to fulfill the legal requirements for 10 day written notice. Every state has at least one PTIC, and most have experienced parents available to help other parents.

The Individuals with Disabilities Education Act (IDEA) deals with the issue of 10 day notice at 300.148; the category is called: Children With Disabilities Enrolled by Their Parents in Private Schools When FAPE is at Issue.

The law requires that at the most recent IEP meeting prior to removal of the child from the public school, you must inform the IEP team that you are rejecting the placement proposed by the public agency, state your concerns, and also tell school personnel of your intent to enroll your child in a private school at public expense. Reimbursement can be reduced or denied by a hearing officer, if Tip 1 is not carried out!

Tip 2: Bring a parent input statement to the IEP meeting before removal, and include the following: your rejection of the schools proposed placement for your child, your reasons for rejecting the placement, your concern that your child will not receive FAPE, and also your intent of enrolling your child in private school. Make sure that the input statement is attached to your child’s IEP!

IDEA also requires a 10 business day written notice prior to the removal of your child from the public school. Reimbursement can be reduced or denied by a hearing officer, if Tip 2 is not done!

Tip 3: Write a brief letter to special education personnel in your school district and state why you think your child is not receiving FAPE, why you are rejecting the proposed placement, and that you intend to ask for reimbursement for private school due to the school districts denial of a free appropriate public education. Even if you have written a parent input statement that is attached to your child’s IEP, send this letter also. Date the letter, keep a copy, sign the letter, and either hand deliver the letter to the special education office or send by the post office Certified with a return receipt.

Tip 4: Make your child available for any evaluations from your school district; prior to the actual removal of the child. If a parent refuses to allow their child to be evaluated, a hearing officer can reduce or deny reimbursement.

School districts can place a child in a private school at public expense. Though most parents must file for a due process hearing, to receive reimbursement for a private placement, due to lack of FAPE. Try and find an advocate, another parent, or a special education attorney who is experienced in due process hearings. Many parents have won the right to have their children educated in private schools, due to school districts inability to appropriately educate their children. Good luck!

JoAnn Collins is the mother of two adults with disabilities, and has helped families navigate the special eduation system, as an advocate, for over 15 years. She is a presenter and author of the book “Disability Deception; Lies Disability Educators Tell and How Parents Can Beat Them at Their Own Game.” The book has a lot of resources and information to help parents fight for an appropriate education for their child. For a free E newsletter entitled “The Special Education Spotlight” send an E mail to: JoAnn@disabilitydeception.com

For more information on the book, testimonials about the book, and a link to more articles go to: http://www.disabilitydeception.com.