Subject: LEA refuses IDEA services for my son in private school
My son is a parentally placed private school student in the state of Texas. He qualified for the max. amount of speech therapy through ECI when he was ages 2-5. He is now in Kindergarten. I received a pamphlet from the National Stuttering Foundation that said my son was entitled to speech services through IDEA, from my LEA (local school district) even if he is enrolled in a private school (he is home educated but Texas views that as a private school).
I received a notice from my LEA that stated that my son had "no individual right to some or all of the services" offered to enrolled students. I researched and discovered that the remainder of the law states that my son should receive an equitable participation in services offered, and that federal part B funds should be expended to offer my son services. This seems contradictory from what my LEA states. I did see the "no individual rights.." clause in the IDEA document.
Does anyone have familiarity with the law (IDEA law and amendment 2004), or have you been denied services (private school parent) and fought for and won your rights?
Does anyone have any suggestions about who I can contact and how to begin? My LEA is basically giving me the run-around and not returning calls, etc.
In Michigan students who are homeschooled have the right to speech services and teacher consultant services. You should contact Texas Department of Education to start a complaint process. You should also contact Office of Protection & Advocancy for Handicapped Students to help you. In Michigan they are call Michigan Protection & Advocacy. They have lawyers and advocates who help families with IEPs ect.