Special Education/Follow up


Hi this is a follow up.
I withdrew my son for private school. Paying $35k out of pocket with debt.
I am not counting on reimbursement only because of cost of lawyer.
The school was supposed to do an fba, was in the Iep.
They did one early in year but convened no meeting and pretended it didn't exist.
At the END OF THE YEAR. they gave me the fba but they said it wasn't good or applicable.
The whole year no fba no bip no meeting. It was a disaster. When I asked for info or what they were doing I was stonewalled and confined to minimal communication. Then they changed my sons placement. No fba no bip even though was in Iep. it's complicated and multifaceted but Im not exaggerating. No fba or bip. No sharing of info. The fba that did exist wasn't used nor given me.  I recorded a call in which I asked for fba in March was told "it'd be looked into" even though it existed. Again their claim at end of year cse was that the fba didn't apply. Could this be considered denial of fape. To say my son had awful breakdown is understatement but he was offered no tools to succeed. Other than an incompetent para he had almost zero accommodations.  Everything they did behaviorally under guidance of one person who withheld fba was all a huge disaster. Can I file a complaint against a school psychologist separately? Does this sound like grounds for denial of fape? Thanks much

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Jimmy's Dad,

If it is in the IEP that the school was to conduct an FBA and did not do so, then this can be the basis for a Compliance Complaint with your state's education department. You will have to research to make sure the required timeline for such a complaint will still allow you to file. A key questions is: Did the chool present you with an Assessment Plan? And if they did so, did you sign it and turn it back in? Once you turn this in, the school has 60 days to conduct the FBA and report their findings to the IEP Team.

Based on what you reported, you definitely have grounds for a denial of FAPE Due Process Filing. This is a time consuming and costly process. Parents that try to represent themselves usually loose because they are up against seasoned education lawyers hired by the schools. If you do this, you need to find an advocate or lawyer to represent you.

Filing against an individual is difficult. The law says you have to exhaust all "administrative" law possibilities before you can file in civil court. There are exceptions for criminal matters.  

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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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