Expert: Tim Runner - 10/15/2010

Question
Dear Mr. Runner; Thank youfor your time in considering my question.  I understand that schoold districts can choose to fund whatever Non Public Agency to supply Applied Behavioral Analysis to a child with Autism that they choose; However, my question is this. If all things are equal, for example, if the two different agencuies have the same fee sturcture and they both have master agreements with the County, and they both have provided service to the district before through a contract?  Then how can the district chose not to fund the current ABA orrovider to the family whose chikd that provider is currently working with and has developed a therapeutic relationshp with?  Shouldn't the school district have to give the parent some sort of answer to this question at an IEP? Because this just happened to me recently and th eschool district says it is their choice who works with my child and that they did not care about continuity of care; nor did they care that my child would still receive services funded through the regional center witht the current provider and that the methodoligies used by the district's choice of providers may be in direct conflict with the way services are currrently delivered and that would be confusing for my chid!  I also offered to take 15 hrs. of services fromt he school district if I could keep my current provider instead of the 25 hrs. the district offered to pay in the FAPe and the extra 8 hours per month the district was willing to spend in consultation andx supervision time to have the two ABA provider agencies collaborate and work together; yet, even after offering to save them money they forced their provider on me and my child?  Do I have any legal rights?  Because my only rationale thought on this would be that the district would only find this advantageous if their provider is in collusion with them and has offered at some point to exit my child out of services early?  Why else would the district be willing to pay them 25 hrs. per week  of service and 8 hrs. per month of that consultation time when I offered to take less services only 15 hrs or even 12 sao long as I could keep my current provider? Please advise me.  I also told me regional center worker I would take nothing from the school and just keep my 25 hrs. of ABA funded by them with my current provider and I was informed that once the district offered to co-fund my (40hr) ABA program with them paying 25 hrs.  I was now only going to get 15 from the regional center.  Thus if I take nothing from the school district I will now have lost hrs. from regional center or I will have to have two different agencies working with my child and those two agencies don't want to work together. SO. I'm afraid I'm going  to end up with the bad provider the district wants and they will terminate services quickly regardless of need because this agency clearly has a monopoly with the district.  My current provider showed uinterest in working with the district and asked for an opportunity but they were told,"NO."  Even though the district did temporary let me curretn provider through a temporary contract provide ABA services to my chidl throughout the summer until the continuatoin of the IEP could be made and the offer of FAPE exsisted.

Answer
Cindy,

The school district has the right to choose the provider of services they are paying for. All the law requires is that the provider they select must be qualified and licensed to provide the services. Based on what you state, you have tried to entice the district to use your current provider, but they have chosen not to do so. There is no way to know what the district's motivation is. There may be other reasons why the district does not want to use your provider. Maybe they had problems with them in the past? Or maybe they just don't like the people? I do not know why Regional Center has the right to reduce their funding just because you choose not to have the district provide the other provider? I do not believe they have a legal leg to stand on in doing this.

If you pursue your case with the district to Due Process, the judge will rule that they have to right to choose providers. You would have to prove why their provider is not legally qualified. Sorry for the bad news.

Tim Runner, Advocate
Advocates for Kids
Email: timrunner@cox.net
Phone: (949) 582-3601
You can learn more at my web site:
www.special-education-answers.com