Special Education/Fape note


If I am withdrawing a child from school claiming lack of fapr, notice to homeschool be of denial of fape, how should I craft the note so I don't disqualify myself from future due process. Thanks in advance

Tim Jon Runner, Advocate for Kids
Tim Jon Runner, Advoca  

In New York, you can't just withdraw you child from school if the child is of mandatory school age. You also run the risk in Due Process of the school stating your child in no longer enrolled in their district making them no longer responsible for services. You do have an option. You can have the child's doctor prescribe home/hospital teaching. The district will have to send a teacher to your home for one or two days per week to teach your child.

If you decide to home school or place your child in an online school, you will have to transfer districts. Once you do this, your current district is no longer responsible for the child because they are no longer registered in their district.

Home/Hospital is your only option that protects your right to file for Due Process.

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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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