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Raising Special Needs Kids Raising Special Needs Kids

Need help advocating for my child???

Posted by on Jan. 2, 2014 at 10:44 AM
  • 33 Replies

I know many of you have had to advocate for your child and learn your legal rights.  I'm at that point where I need to research LEA (???? not sure what that is) and WrightsLaws??

I live in a state where schools provide the basic speech, OT, and PT in the schools if needed, but not ABA.  Ok, so no ABA.  Well, my son has wads of sensory issues that get in his way in school.  We have him in some private sensory therapy, but the schools do not have this internally.  His teachers really think they would benefit form his private therapist coming in and helping him in the school environment.  His private therapist does as well, adn our insurance would pay for it at no cost to the school system.  It would also be at a time when other children are not yet there.  The OT's the school have admit they will not provide this therapy to him as they do not do sensory therapy, and honestly have done a shitty job of providing any OT to 2 of my kids that do not yet even write, one can not even eat on her own.  So, got the denial today officially that school will not allow the private in.  Teacher is amazing with my kids and knowledge, but obviously has to uphold the school decision as she is the employee.  But on the side she also told me to look into the LEA and WrightsLaw as she feels this is well within his rights to request, but I will need to fight for it. 

Now I'm stuck and don't even know how to get started or what to do.  And while I can normally go to the teacher for every help I need, I can't on this one.  Has anyone else ever brought private therapists into the school environment to provide services for your child instead of or in addition to the school services?  If so, how did you make it happen? 

by on Jan. 2, 2014 at 10:44 AM
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Replies (1-10):
jjamom
by Michele on Jan. 2, 2014 at 11:32 AM
I have no idea how to make that happen. I have only ever brought private therapists into IEP meetings, but never into the classroom to provide services.

Have you checked out the Wrights Law FB group? You may be able to ask there. The only other thing I can think of, short of getting an advocate, is to contact the special education department of your school system and see if they can guide you. I have never had to do this, but have heard from others in my area, that the person who heads that dept has been very helpful in ensuring that the schools follow the law, probably because they don't want to deal with a big legal mess!

Lots of luck to you!
darbyakeep45
by Darby on Jan. 2, 2014 at 11:38 AM

I commented in the Autism group:)  Hugs!

Momof4AEMW
by Gold Member on Jan. 2, 2014 at 11:53 AM
1 mom liked this

Thanks.  I'e done both those things.  I left a message for a person I think is like an in school advocate for the SN children.  And I contacted an outside advocate from the ARC (just left a message and waiting on call back.)  I'm also going into our local autism support place to see what they may have for services/advocates.  I really don't know what are within my son's rights, now to access those rights, etc.  Hoping something works out. 

Quoting jjamom: I have no idea how to make that happen. I have only ever brought private therapists into IEP meetings, but never into the classroom to provide services.

Have you checked out the Wrights Law FB group? You may be able to ask there. The only other thing I can think of, short of getting an advocate, is to contact the special education department of your school system and see if they can guide you. I have never had to do this, but have heard from others in my area, that the person who heads that dept has been very helpful in ensuring that the schools follow the law, probably because they don't want to deal with a big legal mess!

Lots of luck to you!

 

jjamom
by Michele on Jan. 2, 2014 at 2:14 PM
1 mom liked this
Good luck! I hope you find a knowledgable person to guide you.

Quoting Momof4AEMW:

Thanks.  I'e done both those things.  I left a message for a person I think is like an in school advocate for the SN children.  And I contacted an outside advocate from the ARC (just left a message and waiting on call back.)  I'm also going into our local autism support place to see what they may have for services/advocates.  I really don't know what are within my son's rights, now to access those rights, etc.  Hoping something works out. 


Quoting jjamom: I have no idea how to make that happen. I have only ever brought private therapists into IEP meetings, but never into the classroom to provide services.

Have you checked out the Wrights Law FB group? You may be able to ask there. The only other thing I can think of, short of getting an advocate, is to contact the special education department of your school system and see if they can guide you. I have never had to do this, but have heard from others in my area, that the person who heads that dept has been very helpful in ensuring that the schools follow the law, probably because they don't want to deal with a big legal mess!

Lots of luck to you!

 

letstalk747
by Joy on Jan. 2, 2014 at 4:42 PM

nope , the school wouldnt do it

Momof4AEMW
by Gold Member on Jan. 2, 2014 at 8:54 PM

Did you appeal the decision or just accept it?   

Quoting letstalk747:

nope , the school wouldnt do it

 

mandee1503
by Amanda on Jan. 2, 2014 at 8:58 PM
*hugs* hope you are able to get it figured out. We go to our children's hospital for all his additional therapies.
Momof4AEMW
by Gold Member on Jan. 2, 2014 at 9:02 PM

 We do too, and we have a lot between the 3 kids.  But i moved him this year to a place that does sensory therapy as part of their OT where the close one does not.  Taking him for one session is almost a 2.5-3 hour round trip each time.  they don't have open after school appointments, so I'd have to pull him out an extra 1/2 day every week that I haven't wanted to commit to.  The place would come service him at school for one of his sessions at no extra charge, and then he would not need to miss so much school.  Not sure what to do.

Quoting mandee1503: *hugs* hope you are able to get it figured out. We go to our children's hospital for all his additional therapies.

 

Linagma03
by Gold Member on Jan. 3, 2014 at 1:48 AM
No experience here. Good Luck Momma!
Gloria1025
by Member on Jan. 3, 2014 at 6:55 AM
1 mom liked this

I am so sorry you are going through this.  I believe what the teacher recommended you look into is the IDEA (Individuals with Diasabilities Education Act) which is a federal law.  (LEA stands for Local Education Agency- not sure how that would help you). You also may want to read things on www.wrightslaw.com

As far as your situation, there could be a number of reasons (that they will never tell you) as to why they won't allow the private therapist in their school that have nothing to do with your son (ex. Their insurance doesn't cover this person or by allowing her they are admitting they are not meeting your son's needs which puts them at risk for you having a case against them for denying him FAPE - Free and Appropriate Public Education which is part of IDEA - etc.)

I highly recommend you find an advocate to help you.  They should have given you a copy of "Procedural Safeguards" at your last IEP meeting - often in the back of that, it lists parent organizations and sometimes these organizations have advocates or can help you find one so it is worth contacting them.

I am not an advocate so take my advice for what it is worth - but what I would recommend is that you go back to his IEP and discuss with them how they are not meeting his individual needs and ask them how they are going to address this.  You have offered a perfectly reasonable solution and they have not taken it so....hold them accountable....they need to meet his needs so how are they going to do it?  Depending on why they won't allow his private therapist, it may be very hard to change their mind but they are accountable for helping him and providing him FAPE.

Good Luck!  This is hard but you can do it.  It is always hard when we realize that they have other motives (budgets etc.) than helping our kids but that is reality.  It doesn't make them bad people, their hands are sometimes tied and you need to find the way to untie them which is what I think the teacher is trying to tell you.  Feel free to send me a private message if you want / have other questions.  Keep us posted!

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