"reasonable notice"

This doesn’t sound right to me. However, states vary dramatically in their laws, school districts within states can vary dramatically from each other, and counties can differ in their procedures.

What I would do is go to the “Finding Help” section of this website (see banner at top of page), click on state resources, click on your state, and call some of the agencies listed there with your questions. My bet is you can challenge this in some way, probably by sending a certified letter.

Do you belong to any support organizations for autism? They might also be a good source of information and assistance for you.

Mary

Hi Anne,

As Mary suggests, do the leg work regarding how the laws are in your state. However, if I am not mistaken, there is a procedural path that must be followed for a child’s placement &/or program to be altered if parents and district disagree. If I am not mistaken, the protocols are that an IEP meeting must be held where the child’s current placement and program are addressed and proposed placement and program are considered.

The typical procedural event is a parent wants private placement, the district doesn’t want to lose funding, so they fight and stall through the procedural protocols that are provided by law. Seems to me you are on the other side of the coin, and there is probably substantial case law to back up your position. I am not suggesting law suit or anything like that, just looking down the road at options that may arise.

What the definition of “reasonable notice” is, in your state, let alone elsewhere, is probably identified in the state’s “Composite of Laws” book. This publication should be made available to you through your state dept of ed.

I would do the research MaryMN suggests, and also start working on formulating a letter, that must go out certified with receipt. I would see what I could do about locating the Composite of Laws book, and / or search like heck on the www for the laws and then proceed to write my letter, quoting from as many of the laws as are applicable to pose your question of asking why the district is unilaterally directing you to change your child’s placement and program without any consult from you or an IEP meeting. I would keep all emotion out of the letter. Be factual and very specific about from which laws you are citing (simply put the law in “( )” after you cite them).

You are the one who says you have nothing but positive things to say, so be careful not to step on toes. Be positive about the existing program as it is. Be clear about your concern for drastic change like this will disrupt your child’s world. Be sure to mention that you already have made plans for the holidays for some time, and the short notice and deadline are simply unnacceptable, and to please schedule an IEP meeting where this can be discussed after the holidays.

You are being put in a very precarious spot, because if you come off too strong, you are concerned that you may rock the boat. If you do not do anything and roll over for the adjustment, you are possibly letting your guard down and not protecting your child. I suggest you spend some quiet time and really think and pray about this matter. Once you are hearing your “little voice”, let alone your “mother’s instinct”, don’t waver, FOLLOW IT!

It is ok to question the authority. There is nothing wrong or bad with disputing what they “experts” are suggesting or reccomending, or for that matter insisting upon. YOU have equal part in deciding about your child’s education. Part of that responsibility is accepting the responsibility and doing what needs to be done, regardless.

Again, I am in no way suggesting be defensive, angry, rude, aggitated, abusive, foul mouthed, combattive or disrespectful to anyone. Maintain your sense of humor, respect for all others; prepare for the worst, but expect the best from all others as well. Become well versed in the laws, your rights, your child’s rights and hold your ground based on what you know and what your gut instinct is telling you.

Keep everything in writing. Request any changes, alterations or discussions regarding your child’s education be in writing, or followed up in writing so you can keep a record of things. Do not assume anything. Ask what things mean if you aren’t sure, don’t worry about thinking what they are thinking, or that you feel “less intelligent” for asking. Be damn sure you understand what is going on.

DO NOT SIGN ANY DOCUMENTS UNLESS YOU ARE ABSOLUTELY SURE YOU HAVE READ THE FINE PRINT ON BOTH SIDES, UNDERSTAND ALL THAT IS GOING ON, AND ABOVE ALL, ARE IN AGREEMENT WITH WHAT IS PROPOSED.

If you dispute what the district is proposing, in writing, then you simply state that you disagree, and ask what the next step is. Stay civil and don’t worry. Don’t sign under the premis that if it doesn’t work later, you can dispute it then and remove your permission etc… Follow your gut instinct.

I am not trying to inflame you, get you upset or stressed out. Simply trying to help you be prepared. Maintaining your cool is as important as knowing the laws and being prepared. It is actually much tougher to do than most imagine. So, be prepared.

Best regards for the holidays.

Andy

What they are saying is,”we do not recieve state funds for your child’s therapy unless they are enrolled full time in school.” While this is not your problem,the school is attempting to push you into full time enrollment due to this. While state laws vary,your child is considered a parentally placed private school student. I am taking a guess here, of course,but the big question is this. Is your child considered a private school student and did you place your child or did the school district?
At age 3 your child is in early intervention section of IDEA. They should have a Family Service Plan. The issue of whether they feel this child should be fulltime enrolled into school is an issue that must be discussed at the Family service plan meeting. Of course if you accept this,and they pull services,well then they don’t have to do any work right?

The issue is whether your child need the services,and how they will provide them.

EithSec. 303.520 Policies related to payment for services.

(a) General. Each lead agency is responsible for establishing State policies related to how services to children eligible under this part and their families will be paid for under the State’s early intervention program. The policies must—

(1) Meet the requirements in paragraph (b) of this section; and

(2) Be reflected in the interagency agreements required in Sec. 303.523.

(b) Specific funding policies. A State’s policies must—

(1) Specify which functions and services will be provided at no cost to all parents;

(2) Specify which functions or services, if any, will be subject to a system of payments, and include—

(i) Information about the payment system and schedule of sliding fees that will be used; and

(ii) The basis and amount of payments; and

(3) Include an assurance that—

(i) Fees will not be charged for the services that a child is otherwise entitled to receive at no cost to parents; and

(ii) The inability of the parents of an eligible child to pay for services will not result in the denial of services to the child or the child’s family; and

(4) Set out any fees that will be charged for early intervention services and the basis for those fees.

(c) Procedures to ensure the timely provision of services. No later than the beginning of the fifth year of a State’s participation under this part, the State shall implement a mechanism to ensure that no services that a child is entitled to receive are delayed or denied because of disputes between agencies regarding financial or other responsibilities.

(d) Proceeds from public or private insurance.

(1) Proceeds from public or private insurance are not treated as program income for purposes of 34 CFR 80.25.

(2) If a public agency spends reimbursements from Federal funds (e.g., Medicaid) for services under this part, those funds are not considered State or local funds for purposes of the provisions contained in Sec. 303.124.

(Authority: 20 U.S.C. 1432(4)(B), 1435(a)(10))

[58 FR 40959, July 30, 1993, as amended at