Expert: Tim Runner - 9/18/2008

Question
We have been battling with our school district to let my 5 year old twin boys with autism remain in the Easter Seals, autism program for another year.  We have been having meeting since May and they will not budge.  My boys have significant delays, can't communicate, can not in any way be a part of the regular education classroom.  They are the only ones in the class with a teacher and an aide.  How is this the LRE?  At the Easter Seals they socialized and made friends with other children with autism.  They are confined to a small classroom where they spend 95% of the day.  They lost their O/T , P/T, sensory, and food group.  We are now having to go to due process and I am afraid of the attorney fees for that.  I came across this sight and thought I would run this by you.  Thanks for your time.

Answer
Stacey,

I am in the middle of representing a 5 year old that the parents want to remain in prekindergarten one more year. The school district has dug in their heels and won't budge on placing him in an SDC (severe) kindergarten. They even filed due process against my client. We decided not to fight them for this year since the child does not have to attend school until next year. This means the parents have to pay for any schooling this year. We may end up fighting the district for next year depending on the progress he makes this year.

Having your sons in a class with only a teacher and aid is not least restrictive environment (LRE). Does the district have any other programs available? If not, you have a good chance in Due Process, but you are right about it being expensive. You will need to have your own expert witnesses to offset the school's personnel. Teachers and administrators from the program they attend now will be critical. Without an advocate, most parents loose because they are going up against a lawyer hired by the district. It sounds like the Easter Seals program is much better suited to their needs.

I have represented clients in numerous due process hearings. I have a good track record and I have been able to settle over 90 of my cases without having to go to hearing. If you would like to contact me direct about your case, email me at: timerunner@cox.net also check out my website for more information.

I wish you and your sons the best,
Tim Runner, Education Advocate
You can learn more at my web site:
www.special-education-answers.com
www.education-advocates.com (for DSL and phone)