Need help with CA law when HS out of state but still Ca resident.?

Question

We have a child who is FAE ODD ADD and bi-polar whom we adopted. He is not passing any core subjects and hasnt for 2 semesters. He has an IEP under OHI and gets some resourse and modified work. He really is at a 5th gr level. I would like to place him in a private spec needs homeschooling respite home that that we have used in the past. Problem is its in Michigan and we are now residing in Ca. Laws are way different here then in MI. Does anyone have any advise as to how to do this and not break any rules. I really dont want to do guardinship with the respite family. It would be until the end of the school yr at least.

Answer 1

Take a look at your Parent's Rights, Procedural Safeguards handbook. It will tell you how to start a due process hearing.

First you will need to call for a new IEP and present your options for placement and show proof as to why this is necessary. The IEP team WILL disagree with you. That is when you file for due process because you don't agree with the placement. Please understand that there is a "stay put," policy until the dispute is resolved.

Actually each state interprets the same laws and that means the Individual with Disabilities Education Act, (IDEA 2004). To find out more about this law, go to the Wright's Law website.

That being said, you will probably NOT get that placement. Under IDEA, the school is obligated to provide a free and appropriate public education (FAPE) in the least restrictive environment (LRE). These are the two laws that will be the central point of a due process case. You are going to have to prove that the LRE for your child is home schooling in Michigan and that the environment that school district is offering is not appropriate. The school district or any school district will fight that to the bitter end.

You see, the school district is under no obligation to offer you respite from your child. They must only provide him with an appropriate education. Everything a school district does must be educationally relevant.

There are some other options. It sounds like your son needs a more restrictive environment than he is currently in. He may need a special class of some sort that provides more help, more modification to his learning materials and remediation. Or, if behavior is a big issue and is his most important educational need, he can be placed in a behavior class with behavior management provided throughout his day.

Finally, if you are having behavior problems at home, contact a behavior analyst in your area. They do fine work.

Please do go to Wright's Law before you do anything else.

Answer 2

California should have similiar facilities to Michigan so he could remain close to you.  This would be the best placement because he needs his family for support.  The previous comment is correct in that the CA district will not pay for the MI placement because they will argue there are appropriate placements locally, unless you could prove otherwise.  This would be extremely difficult to do.  Besides, this also does not factor in the location of his parents, in CA, would benefit the student in CA not MI.