Special Education/filing a case


HI Mr. Runner

My son is in collaborative Kinder class now and have a 1 on 1 ABA trained shadow (funding comes from insurance company) and my son gets a lot of benefit from it.
the problem is my insurance changes to medicare within 3 month then they will stop funding.

since I desperately want to keep the shadow going forward, I am planning have a attorney to file a case.
To do that, should I have proof of denial( for shadow funding) from school district?
or can I just go ahead file a case (or due process) without any process with school district?
I just don't want to waste time with school because I know they will not respond right away.

please advise

Joanne Kim,

ABA training is so important, especially for young children. More studies come out each week supporting this. It is imperative that you figure out a way to continue them after your insurance switches over.

It is important that you request that your school take over these services after your insurance ends. Under the law, the school district is the payer of last resort and must supply the services unless their assessments show that your son does not need them. Note: the school district's responsibility involves education ABA services, and not home/community ABA services.

I represent many families in California in Due Process filings. I always want to "perfect" our claims before filing. I represent them in IEPs and make demands on the school districts for services. It is best that you be turned down by the district prior to your filing. I have been able to settle over 90% of my Due Process filings in Mediation so that we son't have to go to hearing.

Most disabilities requiring ABA services in California qualify for Regional Center services as well. Typically, they tell the parents it is up to the school district to pay for ABA after the child turns 3, but the law says they are the payer of last resort for these services when the school district will not provide them. I have a number of clients that receive services at school from the district as well as home/community ABA services in their home from their Regional Center.

If you have an attorney handling your case, then you need to run these questions by that person.

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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