Expert: Tim Runner - 4/19/2011

Question
We hired a behaviorist to evaluate our regressing 4-year old and our child's school program. This was after we had to call a meeting to address our fears and concerns with the school team because the school district wasn't communicating with us or addressing the regression. They did agree to make changes at the meeting. Then, our behaviorist went in and changed our child's whole program, worked with our child at home, and trained and monitored the teachers.


Our child has made great strides acknowledged by the school team including the school behaviorist who hasn't followed through on some of what he said he would do at the meeting. We need our outside behaviorist to keep working with our child who is going into her third year in the same class. They haven't had much success. We asked them to pay for him and got a letter stating they probably wouldn't.

What's my best course of action in our upcoming meeting with the district to address this? Should I push for mediation or a due process hearing? Are there lawyers or advocates to hire to help? We can't afford a trial and extensive, additional outside evaluations at this point.

Thanks for your time

Answer
Alex,

I am pleased to learn of the progress your child is making thanks to the behaviorist. Once you exhaust having meetings with the school to try to work out a program where they contract with the behaviorist to provide services in the school environment, you will probably have to file for Due Process. Schools are reluctant to bring in outside providers due to cost and concerns about having to do the same for other parents.

It sounds like the school's behaviorist is the biggest problem. I suggest you keep pushing the school district by documenting the failures to implement the program developed by your behaviorist. I always make a written demand for exactly what I want for the student I represent. Then if the school attempts to comply, I carefully document where they fell short.

I always file for Due Process and not just for Mediation. I find the districts are less likely to settle in Mediation unless the threat of a costly and time consuming Due Process is hanging over their head. Normally the parties go to mediation before actually going to hearing in a Due Process case. I have been able to settle over 90% of my Due Process filings without going to hearing.

The law says that your child must be making educational progress. Unfortunately, the definition for progress is not crystal clear. To win at Due Process, or in the Mediation, you have to show the district that you have a strong case. They will argue using assessment results, work product, and their own expert witnesses that you child is making progress.

You probably have the best chance of getting the school's behaviorist to do more under the guidance of your behaviorist. But again, you have to prove that the current program is not working. For example, you may be able to show that your child is having more behavior challenges than before, or is not progressing academically. You may also want to put in place a detailed reporting system that requires the school behaviorist and teachers to report daily what is happening with your child. Your behaviorist should be able to help you with this. Either this will change things or give you more ammunition for a Due Process filing.

I wish you and your child the best,
Tim Runner, Advocate
Advocates for Kids
Email: timrunner@gmail.com
Phone: (949) 582-3601
You can learn more at my web site:
www.special-education-answers.com