IEPs and Legal Issues

LEA refuses IDEA services for my son in private school

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Joined: May 07, 2007
Posts: 1
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Posted May 08, 2007 at 12:40:33 AM
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.



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Joined Jul 11, 2005
Posts: 550

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Posted:May 08, 2007 8:55:35 AM

You can contact your state office of education. They will be able to direct you to the specific laws that would apply to your situation.

Other resources can be found at http://www.yellowpagesforkids.com/help/tx.htm which lists advocacy and other supports in your state.

scifinut mom to: ms 16, bp/adhd/anxiety/complex ld mr. 20, add/dyslexic I hear and I forget I see and I remember I do and I understand. -Anonymous

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Joined Jan 11, 2004
Posts: 64

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Posted:May 08, 2007 10:19:29 AM

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.
Jim Nuttall--Michigan

Jim -- Michigan www.geocities.com/jnuttallphd

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