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Special Ed 101
NonVerbal Learning Disorder (NVLD) and Violent Behavior--Long Post
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<blockquote data-quote="Sheila" data-source="post: 38046" data-attributes="member: 23"><p>You are a good friend.</p><p></p><p>It's good to hear your other friend's child is doing so well.</p><p></p><p>Regarding the current situation, to get the placement the child needs, the school district would have to do an evaluation and the child be deemed "eligible" for special education.</p><p></p><p>In years past, the school district wherein the child resides was responsible for "Child Find." For children in private schools, it's my understanding that the law has changed a bit. The new dictates responsibility according to the location of the private school. To quote:</p><p></p><p>Child Find for Parentally-Placed Private</p><p>School Children With Disabilities</p><p>(§ 300.131)</p><p>Comment: A few commenters</p><p>recommended permitting the LEA</p><p>where private schools are located to</p><p>request reimbursement from the LEA</p><p>where the child resides for the cost of</p><p>conducting an individual evaluation, as</p><p>may be required under the child find</p><p>requirements in § 300.131.</p><p>One commenter recommended that</p><p>the LEA where private schools are</p><p>located be responsible for locating and</p><p>identifying children with disabilities</p><p>enrolled by their parents in private</p><p>schools and the LEA where the children</p><p>reside be responsible for conducting</p><p>individual evaluations.</p><p></p><p>Discussion: Section 300.131,</p><p>consistent with section 612(a)(10)(A)(i)</p><p>of the Act, requires that the LEA where</p><p>private elementary schools and</p><p>secondary schools in which the child is</p><p>enrolled are located, not the LEA where</p><p>the child resides, is responsible for</p><p>conducting child find, including an</p><p>individual evaluation for a child with a</p><p>disability enrolled by the childs parent</p><p>in a private elementary school or</p><p>secondary school located in the LEA.</p><p>The Act specifies that the LEA where</p><p>the private schools are located is</p><p>responsible for conducting both the</p><p>child find process and the initial</p><p>evaluation. Therefore, the LEA where</p><p>private schools are located may not seek</p><p>reimbursement from the LEA of</p><p>residence for the cost of conducting the</p><p>evaluation or to request that the LEA of</p><p>residence conduct the evaluation.</p><p>However, the LEA where the private</p><p>elementary school or secondary school</p><p>is located has options as to how it meets</p><p>its responsibilities. For example, the</p><p>LEA may assume the responsibility</p><p>itself, contract with another public</p><p>agency (including the public agency of</p><p>residence), or make other arrangements.</p><p>Changes: None.</p><p></p><p>Unfortunately, the parent(s) does not have to allow the evaluation. Without the evaluation, and without the student qualifying for an IEP, the student will not likely get what he needs. School districts can attempt to override a resistant parent via due process, but that doesn't happen very often.</p><p></p><p>I fear this couple will have to come to the realization that they will need to refer their child for an evaluation under IDEA 2004 regs and advocate vigourously for appropriate placement (because mainstream doesn't sound like it will work based on what you've written) OR accept the fact that zero tolerance policies will land their son in the juvenile justice system where he will have little to no chance of getting what he needs.</p><p></p><p>I'd encourage them to be proactive in getting this process started by a parent referral -- via certified mail.</p></blockquote><p></p>
[QUOTE="Sheila, post: 38046, member: 23"] You are a good friend. It's good to hear your other friend's child is doing so well. Regarding the current situation, to get the placement the child needs, the school district would have to do an evaluation and the child be deemed "eligible" for special education. In years past, the school district wherein the child resides was responsible for "Child Find." For children in private schools, it's my understanding that the law has changed a bit. The new dictates responsibility according to the location of the private school. To quote: Child Find for Parentally-Placed Private School Children With Disabilities (§ 300.131) Comment: A few commenters recommended permitting the LEA where private schools are located to request reimbursement from the LEA where the child resides for the cost of conducting an individual evaluation, as may be required under the child find requirements in § 300.131. One commenter recommended that the LEA where private schools are located be responsible for locating and identifying children with disabilities enrolled by their parents in private schools and the LEA where the children reside be responsible for conducting individual evaluations. Discussion: Section 300.131, consistent with section 612(a)(10)(A)(i) of the Act, requires that the LEA where private elementary schools and secondary schools in which the child is enrolled are located, not the LEA where the child resides, is responsible for conducting child find, including an individual evaluation for a child with a disability enrolled by the childs parent in a private elementary school or secondary school located in the LEA. The Act specifies that the LEA where the private schools are located is responsible for conducting both the child find process and the initial evaluation. Therefore, the LEA where private schools are located may not seek reimbursement from the LEA of residence for the cost of conducting the evaluation or to request that the LEA of residence conduct the evaluation. However, the LEA where the private elementary school or secondary school is located has options as to how it meets its responsibilities. For example, the LEA may assume the responsibility itself, contract with another public agency (including the public agency of residence), or make other arrangements. Changes: None. Unfortunately, the parent(s) does not have to allow the evaluation. Without the evaluation, and without the student qualifying for an IEP, the student will not likely get what he needs. School districts can attempt to override a resistant parent via due process, but that doesn't happen very often. I fear this couple will have to come to the realization that they will need to refer their child for an evaluation under IDEA 2004 regs and advocate vigourously for appropriate placement (because mainstream doesn't sound like it will work based on what you've written) OR accept the fact that zero tolerance policies will land their son in the juvenile justice system where he will have little to no chance of getting what he needs. I'd encourage them to be proactive in getting this process started by a parent referral -- via certified mail. [/QUOTE]
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