Looking for your input......

[ALLISA]

OK....the background.....Erin's team ( with the exception of me )have decided she needs out of district placement.

I'm not convinced on what I think is best yet, I have seen a couple of programs, have some more to visit and I'm just not sure what is the right thing to do.

So the problem for the meantime is how to get the most success with where she is at the moment. Her first day was yesterday and I got a note saying she had a lot of behaviors and aggressions. I feel like they have "given up" at school and are not handling her as she needs to be.....they set a tone over the summer that let her know she is basically the one in charge and it seems to be continuing,

I have voiced my thought SEVERAL ( hundred) times that she needs only 1-2 aides to work with her and really bond with her vs. the revolvong door of aides that she currently has ( 5-6 aides in room work with her throughout the day) So on any given day she could potentially work with 3 idfferent people and then the following day 3 more different people....no consistency at all.

Now at home....she is NOT perfect by any means....but she knows I am the one in charge and she responds accordingly.....how do I get this to carry over .....how do I get them to be in charge when franklky.....they have already washed their hands of her and are bascially biding their time to be done with her ??

I am in close communication with her teacher.....but my thought is she needs 1 or 2 aides ONLY and the consistency and she is dead set against giving her anything like that....so now what ?? Do I just keep pushing it ? Demand it ? Tell them I want a complete new hire just for Erin ? What would you do ? Has anyone been through this already ?

And I should add for those that don't know us well.....Erin is 7....almost non-verbal and has dual dx of PDD NOS. She started taking some meds in June and it has made a LARGE differnce at home.....but not at school.....any thoughts would be great.....

And.....I'd like views on public vs. private.......It is obvioulsy a very personal, very individual decision......but just wondering what you all think the pros & cons are for the 2 diffferent school situations......thanks !!


Modified to Add:

Also....I have a question on the language in IDEA.....from what I understand, public schools must teach children in the LEAST RESTRICTIVE ENVIRONMNENT......I'm pretty sure I understand this concept and the reasoning for it.....BUT.....I'm wondering if the school has the right to tell me that what I am asking for is "too restrictive" and therefore they can't/ shouldn't be expected to accomodate that....becasue that is what they told me at my last IEP....

I thought that wording was meant to protect the child and not allow the schools to restrict access.....but if I am the one who is requesting a more restrictive environment.....am I wrong to think a public school can/should give that ? If a MORE restricitve environment is needed.....then is private the next logical step ?

Because that is what my school is telling me.....are they correct ?

[Connie]

Allisa,

I just PM'd you!!

Connie

[momofrussell]

Ok.. first thing.. on the aide issue... address it in writing. Explain Erin's need to succeed in the current appropriate placement with the proper supports, which includes ONE aide... (that is what I would request)... or two if you feel that is best. I think requesting 1:1 is the way to go. They can NOT tell you "if you request an aide this means you need a more restrictive environment".. that is not how the law reads.

The law reads to have any and all supports to make the CURRENT placement work.. not, if you need more supports we pull you out. So... always keep that in mind.

Ok.. that said... I think I've mentioned this in previous threads to you about this... but in order to move Erin to a more resticitive environment... the burden of proof is on the current district and placement. This means, they MUST provide any and all supports Erin needs to succeed... THEN prove ALL supports are not working... to move her. The placement environment must be changed in such a way that it is now looking like a different placement/environment. Having a 1:1 aide does NOT constitute that.

If YOU request a more restrictive environment, same rules apply... it must be first documented and burden of proof is still on the currernt placement. I've requested a more restrictive environment for Russell more then once and this is how they did it. It's the law and really how it should be done. Now.. the thing is... "more restrictive" doesn't neccesarily mean "private" school.. but an appropriate placement. So, if they have something more restrictive.. they can offer you that. If that isn't appropriate, you can request the private school option. Some districts dont' have tons of restrictive placements, which is what we've encountered, so Russell went out of district. And yes, once to a somewhat private school. It was not through a district, but funded through United Way. That was approrpriate placement.

And I've said it before and I will say it again to you... I think they are railroading you...and you need to get an advocate and start requesting EVERYTHING in writing. Don't just request with words to the teacher.. constant communication is great.. but for the district to be held accountable to Erin and what she needs and the laws as they are written, you need to start putting things in writing you request. Then they must respond in writing.

Personally? I think they are thinking they are smarter then you are. They are going to interpret the laws in a way that you will back down or not know the answer to something. I personally think you need to fight.. but that is just me. I know fighting isn't for everyone.. and I don't mean "fight" in a nasty way. I think your district is banking on you taking the other placement and walking away.. and then some day .. they can do this do another "Erin" when that child doesn't "fit" their program. And... Oh.. that is NOT how the law reads

Can you tell your situation gets me fired up?! LOL I'd love to come chat with them I have rambled a bit.. I hope this has helped. Have you bought any Wrightslaw books?? HINT HINT! I am telling you, go buy the "From Emotions to Advocacy" book from them!!!! It ROCKS!

A.

[Chris too]

I want to tell you to make them obey the law because it helps kids behind her, but it'll be YOU not ME doing the fighting - I'll be a great fan in the crowd cheering you on, but I'm not the one pushing through the pain to the win.

Here's what you have to decide: is there a BETTER placement for Erin? "Better" is key. If moving her is not better for Erin then you'd better arm yourself for battle with that book that A recommended, and a good advocate, and go to battle. I'll be happy to cheer you on

Chris too

[laurasnowbird]

Allisa,

Girl, this whole thread is getting me riled up. I'm not sure I understood something that you posted, but are they interpreting your request for a more consistent aide as a more restrictive environment? I MUST be misunderstanding, cuz that would rank right up there with the d**n dumbest things I've ever heard.

I would put a request for a one-to-one aide in writing, explain your reasons for requesting it and why it is "appropriate" for Erin. A. is right.....the burden of proof is on the district. If Erin is making progress, they can't force you to move.

I would also make clear in your letter that if they are unable to provide a consistent aide for Erin that you tell them you expect "prior written notice" of their intent to deny, and their reasons for doing so.

Please let us know how it goes. And seriously, let me know if I am totally misunderstanding this whole thing. I surely hope I am.

[Emilysmom]

Allisa,
First of all, I am so sorry you're having to go through this!!! I don't know as much about the laws as many of the parents here, but it seems to me that if their concerns are Erin's BEHAVIORS, they should respond favorably if you requested (in writing) for a new meeting to develop a behavior plan. I can't imagine that they could even CONSIDER another placement; especially not one that is out of your district, before they try a new and consistent behavior plan!!!! And when you meet to develop the new behavior plan, surely they will see how important it is that Erin has CONSISTENT aides. I would think that ANYONE who knows anything about behavior would agree that consistency is the key!!!!!

My advice in this case is the same as in any case where schools and teachers are involved..........be calm, be prepared, and be FIRM!!! Sounds like a great time for us to all get on that Uno Mas bus for a road trip to the Northeast!

Susan

[CC]

Sorry to answer with a ? but if you don't mind me asking ... I was wondering do you feel this placement is the most appropriate placement that is available to you in your area except for the aide situation??

If you think you may move her to another program soon then I would make a point of going to see every program available ASAP and then you can decide if you are going to keep Erin where she is. And then if that is what you decide I second A~ get your self an advocate but in the mean time put your requests in writing. You need to get from your district to put in writing that NO they will not give Erin a one on one. I know its tough and some districts will play games in hope that you just go away. The sad part in all that is the child suffers Just having an advocate on board and calling another IEP over the aide situation I do believe will make them take notice.

Whats up with the revolving aides in that program?? Are the a bunch of part timers instead of them having full timers?? Just wondering why they are not the same aides everyday

Allisa you said "BUT.....I'm wondering if the school has the right to tell me that what I am asking for is "too restrictive" and therefore they can't/ shouldn't be expected to accomodate that....becasue that is what they told me at my last IEP...."

Many kids all over the states have a one on one aide and are in the public schools... Your district, again I agree with A ~ is hoping you just go away

Get an ADVOCATE girl

BEST of LUCK to you

CC ~

[Chester]

What a mess! So sorry, do you have the "From Emotions to Advocacy" book or "the special ecucation law" both by wrightslaw. If not, RUN out and get them. I use mine all of the time to reclairfy what I knew I knew, after the school tells me something else.

An advocate would be helpful too!
Dawn