Advocacy
News: October 2003
Services
A2Z
Educational Advocates seeks to help parents obtain a Free Appropriate
Public Education (FAPE) in the Least Restrictive Environment
(LRE) for their children. Your child may be protected under
the Individuals with Disabilities Education Act (IDEA), the
Rehabilitation Act (§504), the Tech Act, or the Americans
with Disabilities Act (ADA).
Using
a multidisciplinary team approach, A2Z can help facilitate your
child receiving special education services from your local district
through:
•
Diagnostic referrals
• Record requests
• Requesting an Individualized Education Program (IEP)
and advocating at IEP meetings
• Requesting and advocating at Mediations
• Requesting and providing legal representation at Due
Process Hearings
• Filing and providing legal representation for Appeals
• Filing Uniform Compliance Complaints
Special
Education Topic: Understanding “Stay-put” and What
it Means for Your Child
The
“Stay Put” Provision:
- During
the pendency of any proceeding conducted pursuant to the
Act, unless the state or local educational agency and the
parents otherwise agree, a student with a disability shall
remain in his or her then-current educational placement.
(IDEA “stay put provision” as codified in 20 U.S.C.
§1415(j).)
- The
objective of stay put is to maintain stability and continuity
for the student.
WARNING
FOR PARENTS IN SETTLEMENTS:
- In
settlement negotiations involving NPS or private school
placements, school districts often push for a waiver of
stay put. Parents should be wary of this and should not
sign any agreement that waives stay put.
- Because
stay put is interpreted as the last agreed upon placement,
a placement that is operational because of a settlement
agreement will operate as stay put in later disputes. For
example, if you settle a case with the district and receive
placement at an NPS for school year 1, and at the end of
year 1, you have a dispute about placement, stay put for
year 2 (until the dispute is resolved) would be the NPS.
- However,
if you sign an agreement that waives stay put, this will
not be the case. Instead, you will be back to square one
and back in the school that you removed your child from
in the first place.
What
“Stay Put” means: click
here to read the full article
|
Autism
conference: Journey to Solutions 2003
November
14-16 at the Pasadena convention center. A2Z will be exhibiting,
please stop by, say hello and ask questions! For additional
conference details email: conference@jaynolan.org
|
Recent
Cases:
SN03-#####:
A2Z negotiated a confidential settlement agreement with a large
school district, involving a 11 year old student with autism.
The settlement provides for reimbursement for private placement
for part of the 2003 school year and prospective placement at
the private school for the 2003-2004 school year. The private
placement will be stay put. The settlement also includes DIS
services to be provided at the private school site. Parents
were reimbursed for all out of pocket expenses, including assessments
and attorney’s fees.
SN02-#####:
A2Z negotiated a confidential settlement agreement with LAUSD
local district D, involving a 6th grade middle school student
with SLD, originally a student at Topanga Elementary. The settlement
provides for placement at Westmark with all appropriate services
and reimbursement for attorney’s fees.
SN03-01451
v. Burbank Unified School District: A2Z won a Due Process Hearing
against Burbank Unified School District after a 6-day due process
hearing, which concluded on September 29, 2003. At issue was
the appropriateness of the District’s offer of placement
and services for a high school student with Asperger’s
Syndrome. The student has significant social and emotional needs
related to the student’s disability, and has had increased
anxiety related to the pressures of attending a large public
high school. The parents prevailed on all issues. The Hearing
Officer held that BUSD failed to offer a free and appropriate
public education (FAPE) for the student for both ESY and the
2003-2004 school year. Specifically, the decision found
that the district’s placement was not designed to meet
the student’s unique needs in the areas of social skills
and behavior and did not address the student’s anxiety
or stress. The Hearing Officer also found that the program was
not reasonably calculated to provide an educational benefit,
noting that “appropriate social skills and behavior
are essential in order for a student to benefit educationally.”
On the LRE issue, the Hearing Officer found that the student
needed a small, structured program in a safe environment and
that the proposed placement was therefore not restrictive enough.
The decision ordered reimbursement to the parents for all costs
related to their unilateral placement of the student at Village
Glen, which the Hearing Officer found to be an appropriate program
to address the student’s needs. Further, the Hearing Officer
ordered prospective placement at Village Glen for the remainder
of the school year. Read
the DECISION...
OAH#######:
A2Z negotiated a confidential settlement with a local regional
center. The case involved specialized supervision hours, respite
hours and reimbursement for camp.
OAH#####:
A2Z negotiated a confidential settlement with a local regional
center. The agreement provides for extensive services for a
3 year old with autism, to include OT and gym services. Reimbursement
for services that were previously approved was also included.
|
In
The Works:
A2Z
joins forces with Pepperdine University's special education
advocacy clinic...
|
LET
US ANSWER YOUR QUESTIONS. Call 888 IDEA-ADA (888-4332-232),
or email us at inquiry@a2zedad.com
for more information.
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© 2003 A2Z Educational Adcocates. All rights reserved.
