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<blockquote data-quote="Martie" data-source="post: 105750" data-attributes="member: 284"><p>SRL is correct and I should have remembered the change in the law. It is hard for me to get through my head because, as you can see by my LONG example, all the leverage I had vs my own district would hardly have helped in Chicago, where ex-difficult child's private school was located.</p><p></p><p>Here is what I believe to be reasonably accurate, but I am not an attorney: </p><p></p><p>If I were you, I would withdraw difficult child from private school and enroll him in the SD of your residence (because you are not moving.) Then let the SD know that difficult child is in WI for a MEDICAL evaluation (as well as IEE) conducted by a board certified psychiatrist....45 to 60 days is so long that it qualifies as medical Tx, and the SD is not required to pay for medical Tx (but is required to pay for medical evaluation that an IEP team has found to be necessary.) IF anyone in the SD knows the law, he/she will be delighted that you are not seeking to have a psychiatric evaluation at SD expense. I seriously doubt that the new provision of IDEA applies because difficult child is not enrolled in a private SCHOOL in WI; however, you might want to run this by a school law attorney, especially if your SD is litigious.</p><p></p><p>Martie </p><p></p><p>P.S.</p><p></p><p>Child Find and Evaluation now are the responsibility of the SD where the private school is located. However, if the difficult child "falls out" of a private school placement as yours did, then the duty to provide FAPE belongs to the SD of your residence.</p></blockquote><p></p>
[QUOTE="Martie, post: 105750, member: 284"] SRL is correct and I should have remembered the change in the law. It is hard for me to get through my head because, as you can see by my LONG example, all the leverage I had vs my own district would hardly have helped in Chicago, where ex-difficult child's private school was located. Here is what I believe to be reasonably accurate, but I am not an attorney: If I were you, I would withdraw difficult child from private school and enroll him in the SD of your residence (because you are not moving.) Then let the SD know that difficult child is in WI for a MEDICAL evaluation (as well as IEE) conducted by a board certified psychiatrist....45 to 60 days is so long that it qualifies as medical Tx, and the SD is not required to pay for medical Tx (but is required to pay for medical evaluation that an IEP team has found to be necessary.) IF anyone in the SD knows the law, he/she will be delighted that you are not seeking to have a psychiatric evaluation at SD expense. I seriously doubt that the new provision of IDEA applies because difficult child is not enrolled in a private SCHOOL in WI; however, you might want to run this by a school law attorney, especially if your SD is litigious. Martie P.S. Child Find and Evaluation now are the responsibility of the SD where the private school is located. However, if the difficult child "falls out" of a private school placement as yours did, then the duty to provide FAPE belongs to the SD of your residence. [/QUOTE]
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