Special Education/FAPE

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Question
If my district made a hearty effort at a FAPE but didn't have an appropriate placement for my son and I homeschooled him and showed progress, could I prospectively be reimbursed after a due process. I know the school is trying but my son is regressing. They have acknowledged not having an appropriate placement and they are trying to look elsewhere but you can't make what isn't and distance is prohibitive. It's a good school district but they don't adjust, the setup is what it is and they just don't have what my son needs, despite all the support, he's just not doing well. I don't get the law but I think an FAPE should be one that works and not judged by what resources are used.  In NYC many people obtain private placements despite the city placement running into the tens of thousands of dollars. It would be very difficult for me to homeschool without hiring some help. I would also have to quit my part time job which is fine and I don't expect to be compensated there but if I continue to do what I have done successfully with my son and it works, it doesn't seem fair for me to foot the bill entirely myself.

Answer
Carin,

The school districts do not have to pay for home schooling. But the law does say they have to provide each special education student with a program that meets their unique needs. It goes on to say, if the district does not have a suitable program they have to either place the student in a private school that does or create the program needed by the student. Home schooling is not included on the list of options available.

I wish you and your son 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

Special Education

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Tim Runner

Expertise

Questions concerning special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, and tuition reimbursement.

Experience

I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in many states.

Education/Credentials
I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in psychology at the graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.

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