Refusal to Provide Homebound

Discussion in 'Special Ed 101' started by TheOnlyMe, Dec 15, 2009.

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  1. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom

    ***********Posting as Advocate of Parent located in TX**********

    Parent has provided recommendation from licensed Physician stating homebound services needed immediately to be reevaluated in 6 weeks. He also specified "student is able to participate in extracurricular activities, ie. credit recovery, electives, lunch, when possible to lessen most restrictive environment." Parent also provided letter from private psychologist stating students anxiety is due to his learning disability and his current placement. This is the second request to be denied by District in two months! The SD policy, TAC, IDEA does not state it is necessary for SD to "speak to Physician" to approve services. Yet, this is the requirement basis they are denying services. Parent refused due to hostile, retaliative nature with SD and her HIPPA rights not to allow access to medical records.

    The first time homebound was denied ARDC agreed {after a reconvene}to a transition plan of half days in a computer based credit recovery room. The student had not been successful with transition plan and continue to suffer anxiety and depression, so second Dr. recommended homebound in little over two months. It should also be noted - student has been subject to searches three times and the school resources officers interrogating other students in regards to student being a "well known drug dealer". Student has not ever tested positive for drugs or have a history of conduct disorder!

    He also has not received one credit in one year and half due to absences as result of anxiety which is his eligibility determination. The other eligibility is Learning Disability (LD) for written expression and listen comprehension. SD has filed truancy on the first day the student was determined eligible for services. His current PLAFP is ranging from 3.8 to 8.5 (in areas of disability) the School curriculum is only an IB program! Parent and student refuses to leave school and district! They say they are not the only ones being "PUSHED OUT" of this school due to the exemplary status of the school.

    Parent agreed to transition plan of half day to attempt good faith effort.
    Parent met with Superintendent today as good faith effort to attempt for him to investigate, prior to proceeding with an OCR complaint/DP in regards to discrimination based upon disability.
    Parent has also been in contact with ACLU.
    Parent is attempting to contact her Representative for assistance as well. Advocate filed a SEA complaint on the last homebound request due to delay in convening an ARDC and SD filing truancy when student had excused Dr. notes for absences. Prosecutor is attempting to dismiss; parent wants trial to recoup all fines paid for wrongful prosecution.
    Advocate Called OCR ATTY contact yesterday, regarding filing complaint and due process at the same time, OCR would not investigate if DP filed after filing the OCR complaint. {Parent has already filed one DP on SD and settled and it is in breach of contract, searching for an attorney to take to court}
    Posting for any creative suggestions!!!!!
  2. emotionallybankrupt

    emotionallybankrupt New Member

    The parallels between my own case and the case you describe are incredible. The repeated denials, the demand for more medical records than the system should be entitled to, the truancy prosecution threats.... As I read your post, I almost thought you were writing about us!

    Since my child is now emancipated, our school issues regarding her are no longer at issue. However, it does my heart good to hear that the parents in this case are in a position to press the issue through legal channels, because I think that's exactly what is needed. I believe there is a huge disparity between scutiny of recommendations from mental health specialist M.D.'s and other M.D.'s. And who in the school system has the superior knowledge to overrule the specialist M.D.? When I asked that question, I was told they have a nurse who reviews the cases and an M.D. with psychological training who reviews after her if necessary. Then, the school system official tried to negotiate me out of the M.D. opinion, suggesting a plan somewhat like described in the first remedy attempt you mentioned. In my state, the PATIENT, even as a minor, has privacy rights that keep me from full knowledge of my child's condition. I don't know if that is the same in other states. I explained to this school official that I would not even consider going against the recommendation of a specialist M.D., especially when he had more knowledge of my child's condition than I. Many appointments have been completely confidentiial, between her and the doctor. I have a serious problem with the concept of my gradual transition to the role of bill payer and nothing more, especially as a parent legally responsible for my minor child, but apparently that is the patient's right here. Surely the school system has no right to more of her medical information than I am legally entitled to receive.

    I think what they are doing is discriminatory and an unjust invasion of privacy. I hope the case you describe will be the one to set a precedent that will spread to other states too.

    I am not familiar with all the abbreviations in your post, and this case may be far past this idea, but I would wonder about asking if cases with no mental health component receive the same scrutiny as mental health cases--if homebound requests from mental health M.D.'s are disproportionately denied. When I asked that question of the social worker, I was told that she had seen it only with mental health cases.

    I hope you will keep posting as this case progresses.
  3. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom


    Thanks for your posting! I read it to the parent and she said it really encouraged her!

    I failed to mention this student is going on 17!!! It is just outrageous.
  4. Sheila

    Sheila Moderator

    Within the State, the SEA is responsible for insuring that sd's adhere to IDEA. Have you contacted the State Monitoring Office in Austin?

    If not, I'd file a complaint with-TEA and cc it to OCR and OSEP.
  5. TheOnlyMe

    TheOnlyMe Relentless Warrior Mom


    Can you file with all three at the same time? Or should I say will they all three investigate at the same time?

    **Working on State Education Agency Complaint now** So far have these listed under violations: [FONT=&quot]34 CFR [/FONT][FONT=&quot]§ 300.39; 20 U.S.C. 1401(29)) 34 CFR 300.115;20 U.S.C. 1412(a)(5)); § 89.63; 34 CFR §§300.550-300.554 [§§300.114-300.118](b);§89.1075(e)

    The SD's main stance is they were able to ask for the right to speak to Dr. when IDEA, TX ED Code, and Districts' P&P does not state it is "required" to approve homebound.

    They stated he was "making progress" from 11/10-12/9 when he when he went from 12% - 40% completion of Eng 1A and still has not obtained a half of a credit since last year.

    The sad thing is the IEP goals are so vague, it is going to be hard to prove he is not obtaining them. Yet I can prove he is not progressing academically but they will blame the student and his attendance of course! The SD will give no recognition to the disability affect to the absences or the lack of progress. The SD ATTY is a booger too!!! He loves to play intimidation games!
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