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School Issues

Last post 05-05-2007 11:33 PM by brigid_mayer. 7 replies.
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  • 04-26-2007 9:55 PM

    School Issues

    I have always read that starting school brings challenges, but I need a little help here. My daughter graduates from 5K at her church school in May. I have already starting the IEP process for 1st grade, but have decided to put her into a private school. The public school system is now telling me that they cannot help me if she goes to the private school.  Their evaluation definitely recommends she have assistance. Her visual acuity is 20/330 in both eyes with lenses. She needs a CCTV, like we have at home for about 75% of her work. I know that the IDEA 2004 laws were written to include private schools and homeschool children. I have paid very high property taxes for the 10 years that I have lived in this county and I feel like my child deserves to receive services regardless of the school I choose to put her in. We have chosen the private school because of its smaller class size/smaller school size, and for religious reasons. Does anyone know these laws well enough to encourage me to continue my plea for assistance? I would appreciate any advice. Thanks!
    April, mom of Emily, Sarah, and Bradley

    • Post Points: 65
  • 04-27-2007 2:18 PM In reply to

    Re: School Issues

    I can't speak to the laws of your state but our daughter attends a small, private school in Ohio and does not receive assistance because her school does not receive any funding from the state (they are a "non-chartered" school).  I believe that if the school receives public funding, they have to provide for your daughter.

    Rebecca

    • Post Points: 5
  • 04-27-2007 4:48 PM In reply to

    Re: School Issues

    The laws also depend on what state you live in.  I would advise you to go to your state's Department of Education website and look under either Special Education or Nonpublic Programs.  You might be able to find more information there.  Also, if you haven't already done so, you might want to get in touch with your state's Commission for the Blind and Visually Impaired (CBVI) as they might be able to provide you with more information.  My son (without albinism) currently attends a private school and the county provides speech, compensatory education, and occupational therapy services to the kids in the school.  Also, our daughter, who will be transitioning to that same school for kindergarten next year will continue to receive services from the CBVI through the local public school district (this will include consultation with the classroom teachers, any resources or vision aids that are needed, enlarged texts, etc.).  We've also been told that she should be able to receive occupational therapy there as well.  Don't just rely on what they've told you.  Find out what the law is in your state and go from there.
    • Post Points: 20
  • 04-29-2007 10:37 PM In reply to

    • Shlaw
    • Top 150 Contributor
    • Joined on 09-26-2003
    • Posts 61
    • Points 595

    Re: School Issues

    There is a difference in providing help to students in a private school vs. a public school.  I do not know the ins and outs of the laws but I do know that it is much more difficult and a whole other process to get help when enrolled in a private school.  Your daughter would get much more help in a public school.
    • Post Points: 5
  • 04-30-2007 8:21 AM In reply to

    Re: School Issues

    As a few people have stated, I beleive this is mostly state by state case.  However, here in N.Y. the school district you reside in provides the funding for any services needed.  My daughter has been attending private school since Pre-K and has rec'd services.  She will be attending High School come September and will continue with the services.  The Commission does not handle school needs here in N.Y. , they provide other avenues of assistance.  Although they should be able to assist you and direct you on where to go.  I would definitely contiue your plea for assistance and if needed I would also contact the US dept of education, just because a school is a private school does not mean that they do not receive federal funding.  I was under the same impression until my daughter's principal told me that in today's day and age almost  every school gets some type of funding.  Hope this helps...
    • Post Points: 20
  • 04-30-2007 9:08 PM In reply to

    • Jeannine
    • Top 10 Contributor
    • Joined on 02-20-2002
    • Massachusetts
    • Posts 739
    • Points 4,715

    Re: School Issues

    Just to clarify, the IDEA provides for a "free and appropriate PUBLIC education" (commonly referred to as FAPE).  It does not matter whether private schools get money from the state, the federal law says that children with disabilities must be provided education in the public school system.

    For the most recent update on how the federal law looks at children with disabilities parentally placed in private schools - go to http://idea.ed.gov/explore/view/p/%2Croot%2Cdynamic%2CQaCorner%2C1%2C.  Below is one of the Q&A's on the site:

    "The regulations at 34 CFR §300.137(a) explicitly provide that children with disabilities enrolled in private schools by their parents do not have an individual right to receive some or all of the special education and related services they would receive if enrolled in the public schools. Under the Act, LEAs only have an obligation to provide parentally-placed private school children with disabilities an opportunity for equitable participation in the services funded with Federal Part B dollars that the LEA has determined, after consultation, to make available to its population of parentally-placed private school children with disabilities.

    The consultation process is important to ensure the provision of equitable services. Consultation among the LEA, private school representatives, and parent representatives must address how the consultation will occur throughout the school year so that parentally-placed children with disabilities identified through child find can meaningfully participate in special education and related services. How, where, and by whom special education and related services will be provided for parentally-placed private school children with disabilities is determined during the consultation process.

    Equitable services for a parentally-placed private school child with disabilities must be provided in accordance with a services plan. A services plan must describe the specific special education and related services that will be provided to a parentally-placed private school child with disabilities designated to receive services."

     

    Based on this, it is up to your local school district to determine whether your child will receive services (and to what level) in the private school.  In many cases, this is driven by the state law (the state's interpretation of the federal IDEA law).  It also means that you may be offered services at the public school (i.e. your child can go to private school, but in order to get services, they have to physically go to the public school).  My son with OCA attended private school for Kindergarten, and then 3rd through 7th grades (we tried public school for 1st & 2nd grades and then went back to private).  I was able to successfully press for services in the private school, primarily because the vision teacher had to drive through the town where he was going to school to reach some of the other public schools in the area (our school district surrounded the town where he was going to school).  However, we had to fight for the services, and also had to sacrifice a lot. We only received the services from the TVI and later on from an Orientation and Mobility instructor.  He had no assistive technology in the school (beyond one attempt at large print text books, which didn't end up helping much because the color pictures were all shades of gray).  His school bought the standardized tests for him to mark directly in the test booklet so that he didn't have to use machine-scored booklets.  Since the private school was using national tests (IOWA and COGAT) and the public schools used state tests, we weren't able to get the state to provide these for him.

    One thing to keep in mind is no matter whether the district provides services or not, they will not likely provide equipment. The reason for this is that if they install it in the private school, none of the other public school kids can use it (so effectively, it becomes your child's personal tool, as opposed to one available to all children in the public school).  So, if your child needs a CCTV, I would be very surprised if the school would 'loan' or install one in the private school. They are also prevented by the IDEA from making environmental modifications to private schools (for example, if there's too much glare, the public school will not put in shades or modify the lighting in the private school).

     I agree that you should push hard to get services in the private school. For my son, it was the best place for him - he needed the smaller class sizes, the focus on academics and the assumption that he could achieve (as opposed to when he went to public school where we were told "don't expect much, he's disabled" and he was lumped into the "disabled" box with all the physically and developmentally disabled children).  Ultimately, if they refuse to provide services, you will need to decide what is more important for your child and whether they can be successful in a setting where they don't get direct services. . .

    Jeannine
    Filed under:
    • Post Points: 20
  • 04-30-2007 11:06 PM In reply to

    • Shlaw
    • Top 150 Contributor
    • Joined on 09-26-2003
    • Posts 61
    • Points 595

    Re: School Issues

    Lots of helpful information on this post.  Great post above.  I just wanted to let you know that I went through public school and so did my brother.  At first we had to fight to not be lumped with all the other students that are physically disabled but that went away fast and soon we blended in as an average student and didn't have much trouble ever getting anything we needed.  I never felt as if staff thought we would never amount to anything. My parents were told my brother would never amount to anything but when they were told that and when we were being lumped that was way before the IDEA act was around.  My brother has been out of school for about 11 or 12 years.  I have been out of school now for six years. I don't know if that helps you any and I know schools are different everywhere.
    • Post Points: 5
  • 05-05-2007 11:33 PM In reply to

    Re: School Issues

    Hi,

    I just completed my MA in Educational Administration (Principal Licensure), and took a really informative course on Special Ed. Law.  From what I remember, your public school district is only responsible for paying for the services if they cannot provide a Free And APPROPRIATE Education at their own facility.  If it has been determined that the district can provide FAPE in house, they are not obligated to pay for your services in a private institution.  Unfortunately, the government has not mandated that the education be the BEST possible, just appropriate.  If however, you send your child to school at the public school and believe FAPE is not being provided, you have legal standing to fight for your funds to be sent to a private school.  Once the district fails to provide FAPE, even if they say they are able, the courts will usually side with the parent.
    • Post Points: 5
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