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Special Ed 101
Due process questions
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<blockquote data-quote="Martie" data-source="post: 146865" data-attributes="member: 284"><p>You situation is very complex and that is why you have consulted an att'y.</p><p></p><p>One thing you said that caught my attention: Fees for expert witnesses ARE NOT reimbursable. That was a Supreme Court decision fairly recently, Weast v.? but I am not sure of the cite. I am sure of the information.</p><p></p><p>Att'y fees MAY be reimbursable IF the parent is the prevailing party BUT the fees may be reduced at HO. discretion. In IL, the H.O.s reduce fees all the time.</p><p></p><p>Here is my general "theory" of DP:</p><p></p><p>If you have a young child with very expensive needs (4 year old with autism for example,) the DP is WORTH it.</p><p></p><p>If you have an older child with minor needs (reading tutoring) you are almost always better off purchasing services privately than fighting.</p><p></p><p>The grey areas are older kids with expensive needs (I privately placed my ex-difficult child in EGBS when the SD would not provide a safe environment for a very suicidal kid---that is not an option for everyone, and it is something we will NEVER recover from financially) OR the SD is trying to "force out" any child with EBD.</p><p></p><p>If you read the report on Adult Outcomes I had posted last month, the expulsion rates are shameful. An IEP can keep a child in school, and the DP system can be used to try to prevent the child from either being isolated on homebound or warehoused in an inappropriate facility.</p><p></p><p>All of this adds up to, "it depends."</p><p></p><p>I wish I could be more helpful.</p><p></p><p>Martie</p></blockquote><p></p>
[QUOTE="Martie, post: 146865, member: 284"] You situation is very complex and that is why you have consulted an att'y. One thing you said that caught my attention: Fees for expert witnesses ARE NOT reimbursable. That was a Supreme Court decision fairly recently, Weast v.? but I am not sure of the cite. I am sure of the information. Att'y fees MAY be reimbursable IF the parent is the prevailing party BUT the fees may be reduced at HO. discretion. In IL, the H.O.s reduce fees all the time. Here is my general "theory" of DP: If you have a young child with very expensive needs (4 year old with autism for example,) the DP is WORTH it. If you have an older child with minor needs (reading tutoring) you are almost always better off purchasing services privately than fighting. The grey areas are older kids with expensive needs (I privately placed my ex-difficult child in EGBS when the SD would not provide a safe environment for a very suicidal kid---that is not an option for everyone, and it is something we will NEVER recover from financially) OR the SD is trying to "force out" any child with EBD. If you read the report on Adult Outcomes I had posted last month, the expulsion rates are shameful. An IEP can keep a child in school, and the DP system can be used to try to prevent the child from either being isolated on homebound or warehoused in an inappropriate facility. All of this adds up to, "it depends." I wish I could be more helpful. Martie [/QUOTE]
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