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Special Ed 101
School district and residential treatment
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<blockquote data-quote="slsh" data-source="post: 29256" data-attributes="member: 8"><p>Definitely, if the SD's solution is to send him home early because of behaviors, FAPE is not being provided. There can be no "educational benefit" for your son if he's not in school. How have his standardized testing scores been? Just thinking of ammo for your argument.</p><p></p><p>There's a lovely little loophole in IDEA that has made my life miserable but that may actually work in your favor. "Placement" is not a physical location - it's the program. Since your SD is already funding an "alternative" educational program for your son, son's move to a different "alternative" educational program does not in fact constitute a change in placement. I would think they would have a difficult time justifying their refusal to pay for something they are, on paper, already paying for.</p><p></p><p>Another way to look at it - you have MDs stating your son needs treatment, you have funding for the residential portion lined up (which is usually the bear), and now you have the SD interfering with- treatment by refusing to fund what they are *already* funding (alt. school). It's like an SD refusing to pay for school services for a child in the hospital with- an illness. I seriously doubt there's a single SD employee who has the education/training to diagnose your son or to prescribe treatment, which is exactly what they're doing by suggesting different counseling. Ugh.</p><p></p><p>I would call your State Board of Ed and find out if there is any state policy. It's been years, and the funding situation is different here in IL, but I had the same concern when thank you left for Residential Treatment Center (RTC) in 2000. What I was told was that if funding for residential portion of Residential Treatment Center (RTC) is in line, home school district *cannot* refuse to pay for educational portion, period. </p><p></p><p>Good luck - let us know how it works out.</p></blockquote><p></p>
[QUOTE="slsh, post: 29256, member: 8"] Definitely, if the SD's solution is to send him home early because of behaviors, FAPE is not being provided. There can be no "educational benefit" for your son if he's not in school. How have his standardized testing scores been? Just thinking of ammo for your argument. There's a lovely little loophole in IDEA that has made my life miserable but that may actually work in your favor. "Placement" is not a physical location - it's the program. Since your SD is already funding an "alternative" educational program for your son, son's move to a different "alternative" educational program does not in fact constitute a change in placement. I would think they would have a difficult time justifying their refusal to pay for something they are, on paper, already paying for. Another way to look at it - you have MDs stating your son needs treatment, you have funding for the residential portion lined up (which is usually the bear), and now you have the SD interfering with- treatment by refusing to fund what they are *already* funding (alt. school). It's like an SD refusing to pay for school services for a child in the hospital with- an illness. I seriously doubt there's a single SD employee who has the education/training to diagnose your son or to prescribe treatment, which is exactly what they're doing by suggesting different counseling. Ugh. I would call your State Board of Ed and find out if there is any state policy. It's been years, and the funding situation is different here in IL, but I had the same concern when thank you left for Residential Treatment Center (RTC) in 2000. What I was told was that if funding for residential portion of Residential Treatment Center (RTC) is in line, home school district *cannot* refuse to pay for educational portion, period. Good luck - let us know how it works out. [/QUOTE]
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