Placement Change - Early Childhood...need some help?

Question

My son has autism and is in an early childhhood classroom. A specialist observed him the other day and felt that he needed a 1:1. His teacher and ABA therapists feel the same way. When administrators were told about this they approached me to discuss changing his school placement to another nearby school instaed. This is due to the fact that (her words) the state (Wisconsin) is not agreeing to 1:1's for kids anymore...obviously due to financial reasons and the new school has a smaller class.

My question is, what if I dont want to change schools? Can I still go for the 1:1 since so many people recomend it? Any ideas?? What is we can only achieve a FAPE with a 1:1? Then they would have to provide it without regard to money, right?

Answer 1

Placement, Aids etc. are all based on your child's needs, not on money. That being said it takes a lot to prove a child needs a 1 on 1 aid. If the teacher, specialist etc. agree your child's needs are not being met in his current classroom and the district agrees they do not have to remedy that by adding a 1 on 1. They can remedy that by providing a small class size with more adult to child ratio that they think will meet his needs without the 1 on 1 aid. The problem is if they are saying things like that state is not agreeing to 1 on 1 aids anymore. They cannot make unilateral policy decision based on money. Legally it all has to be about providing programs where children can make progress. Obviously at an IEP you don't have to agree with their placement and service recommendations. If you say you want the same class with a 1 on 1 aid and the district says we can meet your child's needs in this other class then yes you are basically looking at having to go to hearing (very expensive for both parties) and in the end bending to the hearing officers decision about where your child's needs can best be met. If however they say we don't pay for aids anymore because it is too expensive you will win hands down.. lol.

For tips on advocacy look at www.wrightslaw.com

Answer 2

The first thing you need to do is request a copy of your Parent's Rights booklet. If they refuse to give it to you, call your state Department of Education and complain.

The school is not allowed to decide issues on the basis of money. The state of Wisconsin is not allowed to decide whether or not your son needs a 1:1. Your child has an INDIVIDUAL Education Plan, which means the school is required to do what the IEP team recommends.

The first thing you MUST do is to request an IEP meeting as soon as possible. The IEP team decides FAPE. Make sure everyone who has an opinion is invited. During this meeting you will broach the subject of a one on one. People will give their opinions and the IEP team will make a recommendation. If you do not agree with the recommendation, you must tell them that you are going to request a "Due Process" hearing. If they give you the run around, call the special ed director and demand due process. This is why it is so important to have your rights booklet because it will walk you through the entire procedure.

When you have filed for due process, there is a"stay put" rule that allows your son to stay in the school while the matter is being decided.

Now I want to go to the other side of the question. First of all, the person who is hired is not going to have the skills of an ABA therapist or teacher. They will have to be trained extensively. Second, I don't think your son needs a full time assistant to work with him using ABA methodologies. He isn't going to be able to work all day because he needs time to play and interact with other children, which is part of what Pre-K is about. You might be better off requesting a part time 1:1 to come in and specifically work with him during instruction.

The idea of moving him to a class with fewer children isn't a bad idea. The more skilled help he gets, the better off he is. I would go observe the other class before you go through the whole due process experience. You may find that you like what you see.

If you like the class, move your son. You may like the school he is at, but his education is more important. Bear in mind, that students can be added to the class at the new school, so you need to receive some guarantees that it will not expand much.

Finally, after your son has been in the school district for one year, you can request a McKay scholarship. This scholarship will pay a great deal of the tuition at a private school. See if there is an ABA school in your area that is on the list.

I have tried to give you both sides of the equation. I hope this helps.

Answer 3

all the above answers are on target but you can also contact the disabilities rights center (DRC) and speak with them about this issue. they have a legal staff along with advocates.  i would definitely have a child advocate attend the meetings with you, it scares the h**l out of the school. and the legal aspect of the drc is priceless.  the phone number of your local drc will be in your parents rights booklet.  or call 18777761541 and they can help you find the closest center.

Answer 4

I can see the lawyers rubbing their hands now.

Federal law says that if a school cannot provide the necessary accommodations that they must pay for a school that can.  

Go talk to the teacher again and suggest that you will bring suit if necessary.  They will probably decide that a 1:1 just might be cheaper than a lawsuit.

Good luck.

Answer 5

I found out a long time ago if you want the best for your kid you just have to be an aggravating *****. Sad to say but they hope they can say no and you will go away.  I got my school system to start a pre-school for autistic kids. When he was in elementary the classroom was terrible and I could get better therapy from outside sources. I got the school system to only have him to go to school part time and had private therapy at home that we did not pay for. When he was in school he had a one on one. He is in a workshop program now and he has a one on one there also. Usually everywhere he has been I know the administration probably hates me because I show up often, ***** when things are not going right, and I have even reported them to the state when I knew they were breaking the rules for his rights. The state backed me 100% and saved my son from some issues they were doing wrong. I don't care what they think of me as long as they do my son right. Things still happen to him that make me mad but I do think the administration is trying to keep things right for him because they don't want me bitching. You have to find out all the right people to call in your area to get his needs met. Do it for him.

Answer 6

If you thrive on confrontation you are going to have lots of fun! They cannot unilaterally decide that nobody gets a 1:1. The problem may come when they agree that the current placement doesn't meet his needs and decide that a smaller class would do the trick. You can argue that the law requires the least restrictive environment and for him that is his current placement with a 1:1. They cannot move him anywhere without a Committee meeting first. Make it quite plain that you will go through the complete appeals process unless you get what you want. If you know a friendly lawyer bring that person to the meeting. Districts hate the appeals process-it costs them a fortune.