There are certain circumstances where a Parent of a student with special needs may decide to place their child in a private placement even if they believe the school district is providing an appropriate placement.
A parentally-placed private school child with a disability is, under the law a child "with disabilities enrolled by their parents in private, including religous schools or facilities that meet the definition of elementary school or secondary school," who have not been referred to that placement by the LEA. See 34 CFR 300.130. When you have privately placed your student, generally speaking, you are not entitled to services for that student.
School districts do, however, have an obligation to allocate some special education funds to parentally-placed private school children. If the school district decides to provide a student with any services they must develop an individual services plan, which describes the specific special education and related services to be provided to each private school student. See 34 CFR 300.132(b). These service plans are to be developed, reviewed, and revised consistent with the procedures governing IEPs. See 34 CFR 300.137(c)(1). In preparing service plans and providing services, the district must consult with private school representatives. See 34 CFR 300.137(c)(2). In particular, the district must ensure that a representative of the private school attends these meetings, or in the alternative, uses other methods to secure the involvement of such individuals such as individual or conference phone calls.
IEPs are generally more comprehensive than the more limited services plans developed for parentally placed private school children with disabilities designated to receive services. A services plan should reflect only the services offered to a parentally placed private school child with a disability designated to receive services and must, to the extent appropriate, meet the IEP content requirements or, when appropriate, for children aged three through five, the IFSP requirements as to the services that are to be provided. See Questions and Answers on Serving Children with Disabilities Placed by Their Parents at Private Schools, 106 LRP 57733 (OSEP 2006).
Showing posts with label private school. Show all posts
Showing posts with label private school. Show all posts
Friday, August 7, 2009
Wednesday, July 1, 2009
Private Placements Part 1: Notice of Unilateral Placement
Parents may obtain reimbursement for the costs of private school placement if the Court or Hearing Officer finds that the school district failed to make a free appropriate public education available to the student in a timely manner prior to the student's enrollment in the private school, and that the private school placement was appropriate. Parents considering this option need to consider the notice requirements under the IDEIA. Notice to the school district will be one of the many factors the Court or Hearing Officer will consider in determining if reimbursement is appropriate, and if there should be any reduction in the amount to be reimbursed.
Under the IDEIA, reimbursement can be reduced or denied if:
(1) At the most recent IEP meeting parents attended prior to removal from the school district, parents did not inform the IEP team that they were rejecting the placement proposed by the school district, state their concerns, and state their intent to enroll their child in private school at public expense;
OR
(2) At least 10 business days prior to the removal, parents did not give written notice to the school district of the fact that they reject the proposed placement by the school district, their concerns, and their intent to enroll their child in private school at public expense.
See 34 C.F.R. 300.148(d)
Notice to the school district is one consideration under the equitable factors that may affect the outcome of unilateral placement cases. The basic idea is that the parent needs to let the school district know about their concerns, their disagreement with the offered placement, and their intent to enroll the child elsewhere. This is based upon a fairness principal - if you are ultimately expecting that the District is going to reimburse you for that placement, it is only fair that you put them on notice of that intention and expectation! Although their are exceptions to this rule and certainly different interpretations and findings, parents in general need to provide the District notice and comply with this requirement in order to preserve their right to seek reimbursement. Ultimately, failure to give notice at the IEP or in writing may result in a finding that parents were withholding information and thereby acting in bad faith.
At the IEP Meeting
Parents can give notice at the IEP meeting, but should be careful not to seem as though they came into the meeting with a firm committment to enrolling their student in the private school and unwillingness to consider what the District has to offer. If notice is being given at the IEP meeting, parents should
1. Carefully articulate their concerns about the school district's offer AFTER the school district has had the opportunity to develop the IEP and make an offer of placement. Make sure to ask questions and participate in the discussion about the placement, and then provide clear information to show that you considered the offered placement but did not find it to be appropriate.
2. Clearly state that you are rejecting the school district's offered placement because it is not appropriate, and not because you simply prefer a private placement.
3. Clearly state that you intend to enroll the student in a private placement. Indicate why you think this placement is appropriate. State that you will want the District to reimburse for this placement because you believe it is necessary to provide your child with a FAPE.
4. Don't fall into a "parentally placed private student" trap. Many times the District will try to get you to sign a document that states that you have been offered a FAPE and choose to enroll your child in a private placement anyway. The District will then use this to identify your child as a privately placed student. Emphasize that you are not rejecting the District's offer because it is not FAPE, and that therefore you will not agree to designate your child as a privately placed student because you believe the District still has an obligation to him/her in terms of his educational program.
Written Notice
Parents can also give notice in writing directly to the school district. If written notice is being provided, parents should
1. Clearly state in writing that they disagree with the District's offered placement / the current placement that the child is in. The letter should state that the parents no longer feel this placement is appropriate.
2. Briefly state concerns regarding the placement and other issues as appropriate. Give reasons why the current placement is not appropriate.
3. Provide a date that the child will be removed from the district's program and the date upon which unilateral placement will begin. Remember that the notice must be given 10 business days prior to the removal from the district's program.
4. Specifically state that the parent will be seeking reimbursement for this placement. Parents should specify that they believe that the unilateral placement is appropriate and necessary to provide the student with a FAPE.
Why Not Do Both?
It is not a bad idea to provide notice in both ways. Although the strategy for a unilateral placement will vary on a case by case basis, remember that the ultimate goal is to make sure you give the District a heads up about the disagreement and the unilateral placement and allow them the opportunity to respond. If there is an IEP meeting happening, and you already know that you disagree with the District's placement and are seeking a different placement, you can give notice at that time, and then follow it up in writing. Sometimes, parents may know that they disagree with what the district is offering but don't know whether they are going to unilaterally place the child. You could still give notice that you disagree, and even that you are going to be seeking an alternative placement, and then follow it up with specific details in the notice letter. Remember, these facts will all be considered under the principles of "equity," or fairness, so think of it in terms of how you can be fair to the District by giving them notice rather than withholding information.
Ultimately, notice is just one factor among many in these cases, but unfortunately many unilateral placement cases do not come out in favor of the parents if the parents failed to give proper notice or withheld information from the District. For specific information on a case by case basis, it would be advisable for you to seek guidance from an attorney or experienced educational advocate as you go through this process.
Under the IDEIA, reimbursement can be reduced or denied if:
(1) At the most recent IEP meeting parents attended prior to removal from the school district, parents did not inform the IEP team that they were rejecting the placement proposed by the school district, state their concerns, and state their intent to enroll their child in private school at public expense;
OR
(2) At least 10 business days prior to the removal, parents did not give written notice to the school district of the fact that they reject the proposed placement by the school district, their concerns, and their intent to enroll their child in private school at public expense.
See 34 C.F.R. 300.148(d)
Notice to the school district is one consideration under the equitable factors that may affect the outcome of unilateral placement cases. The basic idea is that the parent needs to let the school district know about their concerns, their disagreement with the offered placement, and their intent to enroll the child elsewhere. This is based upon a fairness principal - if you are ultimately expecting that the District is going to reimburse you for that placement, it is only fair that you put them on notice of that intention and expectation! Although their are exceptions to this rule and certainly different interpretations and findings, parents in general need to provide the District notice and comply with this requirement in order to preserve their right to seek reimbursement. Ultimately, failure to give notice at the IEP or in writing may result in a finding that parents were withholding information and thereby acting in bad faith.
At the IEP Meeting
Parents can give notice at the IEP meeting, but should be careful not to seem as though they came into the meeting with a firm committment to enrolling their student in the private school and unwillingness to consider what the District has to offer. If notice is being given at the IEP meeting, parents should
1. Carefully articulate their concerns about the school district's offer AFTER the school district has had the opportunity to develop the IEP and make an offer of placement. Make sure to ask questions and participate in the discussion about the placement, and then provide clear information to show that you considered the offered placement but did not find it to be appropriate.
2. Clearly state that you are rejecting the school district's offered placement because it is not appropriate, and not because you simply prefer a private placement.
3. Clearly state that you intend to enroll the student in a private placement. Indicate why you think this placement is appropriate. State that you will want the District to reimburse for this placement because you believe it is necessary to provide your child with a FAPE.
4. Don't fall into a "parentally placed private student" trap. Many times the District will try to get you to sign a document that states that you have been offered a FAPE and choose to enroll your child in a private placement anyway. The District will then use this to identify your child as a privately placed student. Emphasize that you are not rejecting the District's offer because it is not FAPE, and that therefore you will not agree to designate your child as a privately placed student because you believe the District still has an obligation to him/her in terms of his educational program.
Written Notice
Parents can also give notice in writing directly to the school district. If written notice is being provided, parents should
1. Clearly state in writing that they disagree with the District's offered placement / the current placement that the child is in. The letter should state that the parents no longer feel this placement is appropriate.
2. Briefly state concerns regarding the placement and other issues as appropriate. Give reasons why the current placement is not appropriate.
3. Provide a date that the child will be removed from the district's program and the date upon which unilateral placement will begin. Remember that the notice must be given 10 business days prior to the removal from the district's program.
4. Specifically state that the parent will be seeking reimbursement for this placement. Parents should specify that they believe that the unilateral placement is appropriate and necessary to provide the student with a FAPE.
Why Not Do Both?
It is not a bad idea to provide notice in both ways. Although the strategy for a unilateral placement will vary on a case by case basis, remember that the ultimate goal is to make sure you give the District a heads up about the disagreement and the unilateral placement and allow them the opportunity to respond. If there is an IEP meeting happening, and you already know that you disagree with the District's placement and are seeking a different placement, you can give notice at that time, and then follow it up in writing. Sometimes, parents may know that they disagree with what the district is offering but don't know whether they are going to unilaterally place the child. You could still give notice that you disagree, and even that you are going to be seeking an alternative placement, and then follow it up with specific details in the notice letter. Remember, these facts will all be considered under the principles of "equity," or fairness, so think of it in terms of how you can be fair to the District by giving them notice rather than withholding information.
Ultimately, notice is just one factor among many in these cases, but unfortunately many unilateral placement cases do not come out in favor of the parents if the parents failed to give proper notice or withheld information from the District. For specific information on a case by case basis, it would be advisable for you to seek guidance from an attorney or experienced educational advocate as you go through this process.
Monday, May 4, 2009
The Gilbert Hall School: A New Perspective on Learning to Learn
On Saturday, I attended the Open House for a new private school, Gilbert Hall School (GHS), which is located in Culver City. The Gilbert Hall School is based on a model of learning developed by Dr. Gutstein, director of the Relationship Development Research Institute. Dr. Gutstein has basically taken the principles of Relationship Development Intervention (RDI) and applied them to classroom based learning in an innovative new school.
A few years ago, I was involved in a Fair Hearing with the Westside Regional Center that was on the issue of RDI for a child with autism. At that time, RDI was not widely used or even known here in the LA area, and I read everything I could find on the topic as we were preparing for the case. Those inquiries lead me to contact Dr. Gutstein, who gave me a lot of information about his research and the RDI program. So, when I learned that the GHS model was based on Dr. Gutstein's research and the theories behind RDI, I was intrigued to hear more about it.
During the Open House, Dr. Gutstein gave a very informative lecture on the research and theories behind the GHS model. The focus of the model is on brain development, which Dr. Gutstein argues should be the primary focus in all of education utilizing "best practices." Dr. Gutstein discussed the downfall of the typical educational system's focus on measuring success by tracking specific skills learned or academic milestones met. This focus doesn't allow for the development of flexibility to solve "fuzzy problems," to improvise or deal with "grey areas," or to come up with alternative solutions. A repertoire of skills is not enough to make it in the world; rather, individuals have to develop what Dr. Gutstein refers to as "nueral integration," which is what allows all of us to problem solve and adapt in new situations.
Neural Integration was defined by Dr. Gutstein as a "lifelong process in which the brain's different processing centers learn to work together in increasingly more sophisticated and efficient ways." The brain basically grows and forms with experiences that present mental challenges, and most children develop nueral integration through "guided participation" by their parents. Children learn not only how to address the specific situation they are faced with, but in addressing that situation, they are learning how to think through the next, unique situation.
What does all of this have to do with special needs kids? Dr. Gutstein explained that in 100% of children on the Autism spectrum, the process of developing nueral integration breaks down. Despite the fact that children on the spectrum are diverse in so many other ways, this is the one thing that unites them. Furthermore, other children affected by disabilities such as ADHD and executive dysfunction, Tourette's, Bi-Polar, Seizure Disorder, and Severe Learning Disabilities can also be affected by this neuro-vulnerability.
Dr. Gutstein's model for the Gilbert Hall School is focused on using dynamic and innovative curriculum to specifically address the development of neuro-integration. The GHS school day is focused on intensively developing specific dynamic processes. Classroom activities and academics are a part of the program, and these activities are used not only to teach the specific skill addressed in that lesson (math, reading, etc) but also as a means of teaching the students to think, problem-solve, relate, etc. The curriculum is competency based, and the program operates on a "level" system, very similar to the levels within the RDI program, in the sense that it is an assumption of the program that an individual must reach competency on one level before they will be able to be successful on the next.
This is the core uniqueness of the program - it doesn't focus on the typical measures of academic progress that we see in educational programs, but on the bigger picture of learning - learning to learn, learning to think, problem-solve, and relate to the world. Like the RDI model focuses on underlying relationship functions rather than superficial social skills, the GHS model focuses on the underlying components of thinking and learning rather than on skill sets and achievement markers.
Another unique aspect of the school is the parent involvement component. The RDI program, which forms the basis for much of what the GHS model is, focuses on parental involvement in the development of the child's ability to problem solve and relate to others. The GHS model incorporates this focus, in that the learning goes beyond the classroom and into the home setting. Parents are integrally involved at GHS, and must have a willingness to incorporate new ways of interacting with their child at home in order to allow their child to truly develop and grow.
GHS is a very small school setting, and is currently not a certified Non Public School. For more information about GHS, check out their very extensive website at www.gilberthallschool.com. Also, if you are interested in more information about RDI and Dr. Gutstein's research, check out www.rdiconnect.com.
A few years ago, I was involved in a Fair Hearing with the Westside Regional Center that was on the issue of RDI for a child with autism. At that time, RDI was not widely used or even known here in the LA area, and I read everything I could find on the topic as we were preparing for the case. Those inquiries lead me to contact Dr. Gutstein, who gave me a lot of information about his research and the RDI program. So, when I learned that the GHS model was based on Dr. Gutstein's research and the theories behind RDI, I was intrigued to hear more about it.
During the Open House, Dr. Gutstein gave a very informative lecture on the research and theories behind the GHS model. The focus of the model is on brain development, which Dr. Gutstein argues should be the primary focus in all of education utilizing "best practices." Dr. Gutstein discussed the downfall of the typical educational system's focus on measuring success by tracking specific skills learned or academic milestones met. This focus doesn't allow for the development of flexibility to solve "fuzzy problems," to improvise or deal with "grey areas," or to come up with alternative solutions. A repertoire of skills is not enough to make it in the world; rather, individuals have to develop what Dr. Gutstein refers to as "nueral integration," which is what allows all of us to problem solve and adapt in new situations.
Neural Integration was defined by Dr. Gutstein as a "lifelong process in which the brain's different processing centers learn to work together in increasingly more sophisticated and efficient ways." The brain basically grows and forms with experiences that present mental challenges, and most children develop nueral integration through "guided participation" by their parents. Children learn not only how to address the specific situation they are faced with, but in addressing that situation, they are learning how to think through the next, unique situation.
What does all of this have to do with special needs kids? Dr. Gutstein explained that in 100% of children on the Autism spectrum, the process of developing nueral integration breaks down. Despite the fact that children on the spectrum are diverse in so many other ways, this is the one thing that unites them. Furthermore, other children affected by disabilities such as ADHD and executive dysfunction, Tourette's, Bi-Polar, Seizure Disorder, and Severe Learning Disabilities can also be affected by this neuro-vulnerability.
Dr. Gutstein's model for the Gilbert Hall School is focused on using dynamic and innovative curriculum to specifically address the development of neuro-integration. The GHS school day is focused on intensively developing specific dynamic processes. Classroom activities and academics are a part of the program, and these activities are used not only to teach the specific skill addressed in that lesson (math, reading, etc) but also as a means of teaching the students to think, problem-solve, relate, etc. The curriculum is competency based, and the program operates on a "level" system, very similar to the levels within the RDI program, in the sense that it is an assumption of the program that an individual must reach competency on one level before they will be able to be successful on the next.
This is the core uniqueness of the program - it doesn't focus on the typical measures of academic progress that we see in educational programs, but on the bigger picture of learning - learning to learn, learning to think, problem-solve, and relate to the world. Like the RDI model focuses on underlying relationship functions rather than superficial social skills, the GHS model focuses on the underlying components of thinking and learning rather than on skill sets and achievement markers.
Another unique aspect of the school is the parent involvement component. The RDI program, which forms the basis for much of what the GHS model is, focuses on parental involvement in the development of the child's ability to problem solve and relate to others. The GHS model incorporates this focus, in that the learning goes beyond the classroom and into the home setting. Parents are integrally involved at GHS, and must have a willingness to incorporate new ways of interacting with their child at home in order to allow their child to truly develop and grow.
GHS is a very small school setting, and is currently not a certified Non Public School. For more information about GHS, check out their very extensive website at www.gilberthallschool.com. Also, if you are interested in more information about RDI and Dr. Gutstein's research, check out www.rdiconnect.com.
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