Expert: Tim Runner - 4/16/2008

Question
QUESTION: Hello,

My 9 year old son was diagnosed with Aspergers, NVLD and ADHD.  For over a year, we have been trying acommodations, but they aren't working.  His teacher is doesn't have time to work with him and she's very insensitive to his diagnosis.  She has actually written me notes that he "chose" not to pay attention or "decided" not to focus.  We are meeting again in 2 days to revise the IEP.  The last time I requested a 1 on 1, they told me they were for the "severly disabled."  My son's doctors all recommended he have a 1 on 1 or be placed in a self-contained classroom. Only problem is, placing him in a special ed class with other kids who have more severe emotional issues etc. wouldn't be the best environment.  He needs to be mentally challenged, but isn't able to do his work because he isn't able to follow along with what to do when he is alone.  So do I request a 1 on 1 again or mention private schooling? Also, if we disagree, should I request an Administrative review or go straight to a due process hearing.  I have had all my son's testing done privately, even his O.T. and Speech/Language Evaluations, but the school just isn't doing their part. Thanks.

ANSWER: It sounds like you may have to file for Due Process in order to get their attention. You need to be represented by someone competent and experienced in this area. The district usually bring out the big guns for Due Process, making it very difficult for parents to represent themselves. In the numerous cases I have filed for Due Process, I have a good record (winning or settling over 90%). It sounds like you are properly gearing up for this battle with the private tests. Did you specifically have social skills and pragmatics assessed? The bottom line will be to make the district more inclined to agree with providing the one-to-one aid rather than fighting it out in Due Process. Most of my clients have best been served in a mainstream class room and an aid. In your case, it sounds like you need a different teacher.
I wish you and your son the best,
Tim Jon Runner
Education Advocate
www.special-education-answers.com


---------- FOLLOW-UP ----------

QUESTION: Thank you for the reply.  Yes, I have heard due process can be very $$ I had everything tested.  My son had a full psccho-educational evaluation and report written. he also had extensive testing at the autism center.  in addition, he had an extensive 2 hour speech/language evaluation and an occupational therapy evaluation.  his latest report card said he dropped a grade in history, yet the quarterly iep report said he was "making sufficient progress" in all goals.  this is contradictory to the teachers notes on his report card which say he has been struggling.  do you know how long a due process can usually last, on average? like how many days? do schools ever NOT want to go that route and cave in?  i'm meeting in the morning and have been preparing for this for weeks.  thanks.

Answer
I have represented students in many Due Processes: The shortest was 1 day and the longest was two weeks. Most average 4-5 days. I estimate one hour of preparation time for each hour of Due Process. If we assume 40 hours of hearing time plus 40 hours of preparation time (reviewing records, drafting witness questions, preparing documentation and evidence, strategic planning), then it will be a total of 80 hours plus any travel time. At my rate of $125 per hour, you can do the math. Most districts will look at their costs for Due Process (usually 2-4 times my fees for their lawyers) and compare that to the cost of providing services. In my cases, over 90% have been settled. But you have to go through all the preparation to prove the strength of your case before they will settle.

Please e-mail me at timrunner@cox.net if you have more questions or if you would like to dig deeper into having me represent you.

Tim Runner
Education Advocate
timrunner@cox.net
www.special-education-answers.com