Is school obligated to provide SAPE while waiting?

Discussion in 'General Parenting' started by mattsmum, Oct 5, 2007.

  1. mattsmum

    mattsmum New Member

    We are moving towards an outside school placement for difficult child. I have heard that there are often waiting lists. The school will not let difficult child back there because psychiatrist won't sign a letter stating that difficult child is safe to return after threats to hurt himself.

    What happens if we have to wait 3 months for an outside placement and difficult child is released from inpatient program...isn't the school required to provide something for him in the meantime? Will they only offer a tutor and I will have to take a leave of absence from work to stay home with him?
     
  2. flutterbee

    flutterbee Guest

    You should post this on the Special Education board. Sheila and Martie are a wealth of info.
     
  3. branbran

    branbran New Member

    I went through the same thing with my daughter. The school district agreed she needed to be placed into an Residential Treatment Center (RTC), however she was on a waiting list. The school district was required by law to provide an education to my difficult child in the interim, I was given a few options, one being home schooling which I didn't think would be good for her or me, so I turned that down. They put her into a Boce program that had an opening until her Residential Treatment Center (RTC) was available. I live in NY, but I'm pretty sure it's a law in the entire US. So I don't think you have anything to worry about with regards to schooling. In my case I was able to turn down home schooling, you should be able to as well, explain to your school district that you have to work and cannot provide adequate child care. If you have any problems contact your Student Advocacy Board, they should be able to help you. Good luck. :smile:
     
  4. susiestar

    susiestar Roll With It

    Well, I am certain that thye have to provide something. I know our schools ahve had to do that. If you cannot stay home with your child and have both of you be safe, say you cannot do it unless they provide full in-home care. They have to do something. The school may tell you they have nothing. They HAVE to do something. Many of us have found that only by repeatedly insisting will the school district do anything.

    Hugs, I hate that this is so hard.

    Susie
     
  5. Sheila

    Sheila Moderator

    Hi mattsmum

    I'm going to assume your child has an IEP. If he doesn't, the following doesn't apply.

    A child's IEP controls placement. Placement is not actually a "place" unless the IEP specifically includes a particular campus, treatment center, etc., -- it's the contents of the IEP.

    No one can override the IEP -- not even the Superintendent. It is the IEP Committee that makes these type decisions. And you, the parent, are a full committee member.

    The principal's concerns are understandable, however, she can't just bar your son from school in this manner. What should have happened here is an IEP meeting should have been called. Based on what you've written, it doesn't sound as if that happened.

    As an IEP Committee Member, you have the right to call an IEP meeting.

    It is the school district's responsibility to educate your child. If they can not do that on a mainstream campus, then the IEP needs to be changed to whatever your child needs whether it is a theraputic day school, Residential Treatment Center (RTC), etc. If they do not have an appropriate school district facility and/or personnel, then they must contract with a private facility -- even if the facility is out-of-state.

    What do you do if they want to place him on homebound and you do not feel that is an appropriate placement? You say, "No." One option would be that they can provide a 1:1 paraprofessional while "waiting."

    Again, as a committee member, you have the right to make recommendations to the committee whether it is something as simple as recommending a minor modification such as a particular behavior management technique or a major change such as ABC Residential Treatment Center.

    How do you do that most effectively? Use a Parent Attachment to the IEP. See http://www.wrightslaw.com/advoc/tips/bonnell.iep.attach.htm .

    Misc info:
    *Often parents feel out-numbered in IEP meetings. There's usually one parent and a number school district members. Always remember when there's a disagreement that there are just two "votes" so to speak; parents have one, school district has one.
    *A parent has the same right to reconvene a meeting as a school district does. If, for instance, you are in an IEP meeting and need to gather more information to present to school district members, "reconvene" the meeting.
    *If a parent needs the assistance of an advocate, get one lined up. Don't wait until there's a crisis.
    *State Education Agencies have some type of pre-approved list for private providers that school districts can use in instances where the district cannot provide an IEP student services -- such as RTCs. That doesn't mean a parent can't request a different facility.
     
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