Special Education/FAPE FOLLOW UP


Thanks for the reply. What if there is no private school option and the program just isn't working. I have read of a couple of cases of parents being reimbursed for providing their own in home ABA. I am not a fan of ABA but I have worked tirelessly with my son and successfully. Do you think I'd be wasting my time in due process if I homeschooled my son with results and wanted reimbursement for at least some of my time (it's displacing a job and I have to pay for child care) I realize that it's a long shot but it's not right that if a child isn't helped and a parent does it, that there's no support. One more question- the school refuses to put 1:1 tutoring in my sons IEP but in his schedule it says 1:1 tutoring for 2 hours a day. But they won't list it as a related service. IS this something they'd have to provide if I homeschooled? Thanks


The law requires that all special ed services must be specified in the IEP. Your district may make tutoring available to all students and therefore not consider it a special ed service.

When you read about other cases, you must know all the circumstances. ABA services must be provided by a person qualified to do so. Maybe they have been trained to do so? ABA is a Direct Service, like speech or OT, and is considered different that you being your son's home teacher.

If you file for Due Process and settle in Mediation, you have great latitude in what can be included in the settlement. But if you go to Hearing, the judge can only award you what the law says.

I can't really say how strong a case you may have until I conduct a Case Review. Have you looked into working with a Charter Home School?

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:

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Tim Runner


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.


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.

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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