Expert: Tim Runner - 4/7/2011

Question
We just had an initial IEP for my son who turns 3 in a few weeks. He qualifies for services under "autistic like behaviors" and "speech and language."  He is a very high functioning autistic kiddo and had been going to a speech therapist for 8 months.  The school district offered us Special Day Class preschool and speech services twice a week.  When we visited the SDC preschool, the students we saw were called "mild to moderate" in their disabilities.  We feel our son might regress in that environment, especially since there is no correct speech or behaviors being models by peers.  The school district doesn't offer regular ed. preschool for 3 year old.  Isn't our son entitled to the "least restrictive environment", which in our eyes would be a regular ed. preschool with speech support?  What are our rights?  What can I legally ask from the school district?

Answer
Alison,

You are quite right: schools have to serve special education students at their level in the least restrictive environment. Most districts will need to assess the child to determine their academic and intellectual abilities. Based on these results as well as speech & language, OT, APE, and behavior results, they should make an offer of FAPE (Free Appropriate Public Education) that should include a class placement as well as services. Some districts have preschools for students that have disabilities, but are functioning at their age appropriate levels. When they don't, they will often contract with private preschools and pay their tuition. So long as the assessments (conducted by the district) show that your son is functioning at his age level, and you can show that his qualifying condition needs preschool, you should be able to ask for a non-public placement. I just got such a placement for one of my clients earlier this week.

I wish you and your son the best,
Tim Runner, Advocate
Advocates for Kids
Email: timrunner@gmail.com
You can learn more at my web site:
www.special-education-answers.com