Parents want hearing school to get state funding

[Tousi]

CID? Isn't that place the bastion of all that is oralism?

 

[jillio]

If the language used in the classroom is other than spoken language the placement would no longer be appropriate and the least restrictive enviroment for the oral only student.

That does not pertain to this case. The placement in the public school is spoken English. The other accommodations that are generally provided for the oral only student are preferential seating, extended test time and alternate location for test time, and pull out speech and language therapy. If they are terribly behind academically, then they will also get pull out remedial services. Those accommodation fully satisfy the requirements set forth in the ADA.

 

[jillio]

CID? Isn't that place the bastion of all that is oralism?

**nodding**

 

[jillio]

If the child is an oral only classroom, working with professionals that know and understand oral deaf education, that is the right placement for an oral deaf child. I don't care if it is public, private or run by kangaroos.

Kind of blows the old motive for oral only education being the opportunity and ability to interact with hearing peers right out of the water, now, doesn't it?

 

[jillio]

No, not correct.

If an IEP team determines that the only appropriate placement is a private school they would write it up in the IEP, which is a legal document, and then the child would be enrolled in the private school and the district would pay.

If and only if, that private school is on their list of APS.

 

[jillio]

The IEP team can choose to place a child in whatever school they determine to be the least restrictive enviroment. It could be the neighborhood school, all the way to a specialized in-patient hospital setting. It is whatever is appropriate for the child. It doesn't have to be local, or even in the same state.

If the IEP places the child at a private school, the private school must "enforce" the IEP.

Why would they do that when appropriate services can be found at a public school. Public schools have anything from complete mainstreaming to specialized programs. Quite often, the only placement needed is to another public school in the next district for a self contained program.

 

[jillio]

The only way I see that it would be reasonable for the public school district to pay for tuition at a private special needs school would be if it's actually cheaper for the state to do that rather than make accommodations at a public school. If the district can save taxpayer money thru contracting out services, then it might be worth it.

In this case, it was stated that the school district would have to lessen the dollars they are spending on students already receiving accommodations in order to have the funds available to Clarke.

 

[jillio]

Why? I mean, what is the legal reason? Who are the signees on the IEP contract?

The home school district makes sure that the IEP is enforced. They simply work with the contracted school. But the home district is still considered the one legally bound by the IEP. If a child is sent out of district, the out of district school is considered to be a contract employee of the home school district.

 

[A]

The final factor, cost of supplementary services, provides a safeguard for schools so that they do not exceed spending on one particular student.

<---- from Wiki on LRE

 

[KristinaB]

Just found this. It does not say that the school district, state or Federal Government is responsible for providing tuition to a school of the parents choice solely because they are not happy with the educational opportunities in the supported school.


Special Education Laws and Legislation

Special Education Laws

The following Special Education laws will be addressed in this section:

The Education for All Handicapped Children Act, 1975

»1986 Amendments: Preschool and Infant/Toddler Programs

»1990 Amendments: IDEA

»1997 Amendments

In addition to assurances of civil rights of students with disabilities, other legislation exists that addresses their educational rights. The first major law that guaranteed the right to a public education for all children, ages 5 to 21, was the Education for All Handicapped Children Act of 1975.



The Education for the Handicapped Act (EHA) (P.L. 94-142)

The Education for all Handicapped Children Acts is more commonly known as the EHA; it had as its purpose:
To guarantee a Free and Appropriate Public Education (FAPE) for all children with disabilities, ages 5-21
Special Education and related services must be free, provided by the public agency at no cost to the parents
Appropriate education is the provision of regular and special education and related services designed to meet students' individual educational needs.
To develop an Individualized Education Program (IEP) for each child eligible for special education and related services; plan is based on multi-disciplinary assessment and includes a statement of specific special education and related services to be provided to the child
To the maximum extent appropriate, all children and youth with disabilities will be educated in the least restrictive education (LRE) environment
Parents have the right to participate in every decision related to the identification, evaluation, and placement of their child. Parents must give consent for any initial evaluation, assessment or placement decision. Due process procedures assure parents rights to appeal.


EHA Amendments

1986 Amendments (P.L. 99-457)
Preschool and Infant/Toddler Programs

In 1986, an amendment to the EHA, extended the purpose of EHA to include children ages 0-5 and included:

To extend the guarantee to a Free and Appropriate Public Education (FAPE) to children with disabilities, ages 3-5.
To establish Early Intervention Programs (EIP) for infants and toddlers with disabilities, ages 0-2
To develop an Individualized Family Service Plan (IFSP) for each family with an infant/toddler with disabilities



AT Definitions
1990 Amendments (P.L. 101-476)

In 1990, amendments were again added to EHA, considerably adding components to the law:

To rename the EHA as the Individuals with Disabilities Education Act (IDEA). The amendment also replaced the phrase "handicapped child" with "child with a disability".
To provide Transition Services for students by age 16
To extend eligibility to children with autism and traumatic brain injury
To define Assistive Technology Devices and Services for children with disabilities for inclusion in the IEP
To extend the Least Restrictive Environment (LRE) to require the child, to the maximum extent appropriate, be educated with children without disabilities -- in the same class s/he would have been but for the disability



1997 Amendment
1997 Amendments (P.L. 105-17)

1997 amendments further strengthened the rights of students with disabilities.

To extend LRE as an assurance that all students would have "access to the general curriculum"
To "consider" Assistive Technology Devices and Services on the IEP's of all students. Use of school-purchased AT in a child's home or other settings is required if the child needs access to those devices to receive FAPE.
To include orientation and mobility services to the list of related services for children who are blind or have visual impairments, as well as for other children who may also need instruction in traveling around their school, or to and from school.

 

[A]

To extend LRE as an assurance that all students would have "access to the general curriculum" <---- you are right, I think a specialized oral private school seperated from public school does not help the student access to a general curriculum (with non-disabled students). An interpreter would.

 

[faire_jour]

Wirelessly posted

Right kristina, only if the iep team determines it is appropriate (or if they win in due process)

 

[faire_jour]

Wirelessly posted

To extend LRE as an assurance that all students would have "access to the general curriculum" <---- you are right, I think a specialized oral private school seperated from public school does not help the student access to a general curriculum (with non-disabled students). An interpreter who knows ASL would.

The idea is that kids learn to listen and speak, they learn the language in a specialized educational enviroment and then go to the mainstream.

 

[KristinaB]

Wirelessly posted

Right kristina, only if the iep team determines it is appropriate (or if they win in due process)

But - it does NOT say that the district, State or Federal Government is to pay for those services outside of their guidelines. It does not even matter what the IEP will show. My daughter's IEP showed that she needed 12 hours a week of individualized speech therapy. The school could not provide that and so I had to go into the next town and seek the help of a private company. Luckily her SSDI paid for it, but still, the school did not provide the services except for 3-4 hours a week.

 

[faire_jour]

Wirelessly posted

Wirelessly posted

Right kristina, only if the iep team determines it is appropriate (or if they win in due process)

But - it does NOT say that the district, State or Federal Government is to pay for those services outside of their guidelines. It does not even matter what the IEP will show. My daughter's IEP showed that she needed 12 hours a week of individualized speech therapy. The school could not provide that and so I had to go into the next town and seek the help of a private company. Luckily her SSDI paid for it, but still, the school did not provide the services except for 3-4 hours a week.

Then your school was in violation of the law. if it is in the iep, they HAVE TO do it. if the iep team places the child, they HAVE TO pay for it.

 

[A]

A relative of mine had an issue with swallowing. It affected his speech. I don't think the district paid for that type of therapy to help him with his speech therapy

 

[KristinaB]

Wirelessly posted



Then your school was in violation of the law. if it is in the iep, they HAVE TO do it. if the iep team places the child, they HAVE TO pay for it.

They were NOT in violation of the law. We checked. When will you figure it out. I hired attorneys to double check. Social Security even checked and said that the school was not required to do it since they did not have the funds or manpower to do so.

 

[KristinaB]

A relative of mine had an issue with swallowing. It affected his speech. I don't think the district paid for that type of therapy to help him with his speech therapy

Daughter was born with her head cocked over at a 45 degree angle. We had to brace it for a year to train the muscles to hold her head straight. She had poor oral/facial muscles and could not talk. We found when she was 5 that things did not form properly in her left ear and the top of her ear is folded over itself. She does not hear speech or sounds clearly. She can hear the specific pitches at all ranges, but the clarity is "fuzzy" (her word to describe it).

 

[A]

Wirelessly posted



The idea is that kids learn to listen and speak, they learn the language in a specialized educational enviroment and then go to the mainstream.

why sharing specialized class with ASL/signing students is considered LRE if they are not in the mainstream?

 

[A]

Daughter was born with her head cocked over at a 45 degree angle. We had to brace it for a year to train the muscles to hold her head straight. She had poor oral/facial muscles and could not talk. We found when she was 5 that things did not form properly in her left ear and the top of her ear is folded over itself. She does not hear speech or sounds clearly. She can hear the specific pitches at all ranges, but the clarity is "fuzzy" (her word to describe it).

Does she use speech now? or use Sign language?