tag:blogger.com,1999:blog-1691205078500083881.post1235840963777552069..comments2024-03-09T21:28:30.555-05:00Comments on Special Education Law Blog: You Be The Judge - Part IJim Gerlhttp://www.blogger.com/profile/12482331907215552507noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-1691205078500083881.post-80283893462051238242016-05-21T16:06:21.575-04:002016-05-21T16:06:21.575-04:00Whitney,
thanks for your comment
JG
Whitney,<br /><br />thanks for your comment<br /><br />JG<br />Jim Gerlhttps://www.blogger.com/profile/12482331907215552507noreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-65761314740912893572016-05-21T15:47:22.315-04:002016-05-21T15:47:22.315-04:00I would rule on behalf of the school district. If ...I would rule on behalf of the school district. If they accepted the goals, then it seems that the problem is solved. The school setting described by the parents does not sound like the LRE.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-77575951626011982532011-02-28T13:42:17.547-05:002011-02-28T13:42:17.547-05:00Thanks Anon,
See the post with the "answer.&...Thanks Anon,<br /><br />See the post with the "answer."<br /><br />JimJim Gerlhttps://www.blogger.com/profile/12482331907215552507noreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-19241064057298182992011-02-28T12:15:03.050-05:002011-02-28T12:15:03.050-05:00Very late, but...Moving this student to the BTS sc...Very late, but...Moving this student to the BTS school would constitute him being placed in the most restrictive learning environment... this is a giant step from Opie attending a general education public school. A residential treatment program may or may not be appropriate in the future, but the information provided does not justify such a drastic placement now. If I were the hearing officer I would want to see the present school: implement the new goals on a consistent basis, develop a Functional Behavior Assessment and Behavior Intervention Plan (with the ongoing support of a Behavior Specialist), and add Extended School Year to help curb regression. <br />Opie's severest issues manifest more in the home, than at school. Family counseling sessions appear to be in order.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-54949468516689692622010-11-17T12:10:03.065-05:002010-11-17T12:10:03.065-05:00It appears that in this case generalizing was not ...It appears that in this case generalizing was not the only issue. If generalizing was the main concern, then the case out of the 10th Circuit in 2008, THOMPSON R2-J SCHOOL<br />DISTRICT vs L.P., says generalizing is not part of Rowley. I understand what you are saying Perry, but that is one of those where does the line fall questions.<br /><br />It still sounds like in this case that Opie was having behaviors at school as well that were an issue. In which case, the school has a responsibility to develop an IEP which provides FAPE.. From the beginning, not just when a parent contests the IEP.Stacinoreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-88437682091837254532010-11-07T22:47:55.060-05:002010-11-07T22:47:55.060-05:00I know this is late.
I don't understand why g...I know this is late.<br /><br />I don't understand why generalization was not a school responsibility in view of 20 USC 1400(d) and 34 CFR 300.1.<br /><br />TITLE 34--EDUCATION PART 300_ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents Sec. 300.1 Purposes. Purposes and Applicability The purposes of this part are--<br /> (a) To ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special <br />education and related services designed to <br />1) meet their unique needs and <br />2) prepare them for further education, employment, and independent living; (Numeration added)<br /><br />Without generalization , the above stated purposes are impossible. I would think that generalization is an implied goal for every child or we are wasting our time.<br /><br />But I guess that is a battle for another day.Perrynoreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-68080610374006059732010-10-31T00:08:31.860-04:002010-10-31T00:08:31.860-04:00I think I might rule in favor of the school distri...I think I might rule in favor of the school district, because it never had a chance to implement the revised IEP. <br /><br />This reminds me a little bit of the Tom F. case, except that kid never spent any time in public school. The fact that "Opie" did spend some time in Mount Pilot might be a point in his family's favor.Christinahttps://www.blogger.com/profile/13520714506544863902noreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-50413042384921641292010-10-29T14:15:11.687-04:002010-10-29T14:15:11.687-04:00I think it's important to know why the propose...I think it's important to know why the proposed goals can't be met in the current setting. Without more information, I'd be very reluctant to advise the parents to unilaterally place Opie (or would at least stress that there's a very real possibility that they won't be reimbursed).Mikehttp://www.wmichaelfranklinlaw.comnoreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-12040326215387668812010-10-29T12:01:44.571-04:002010-10-29T12:01:44.571-04:00need to know what the sdi for each goal was and th...need to know what the sdi for each goal was and the revised version, their pwn of why the revised iep can be implemented in the lre they proposeAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-84343122923264817342010-10-27T00:05:56.328-04:002010-10-27T00:05:56.328-04:00Here's what I'm thinking, without knowing ...Here's what I'm thinking, without knowing the appropriatness of the goals. If the district argued based on the statement "that Opie had made little or no progress on many of his goals and objectives", they could try to present a case that he is making progress on "some" of his goals. The old "floor of opportunity" crap...I mean "defense".<br /><br />If parents were successful at dp related to the appropriatness of a more restrictive setting based on "educational needs" the district would surely argue against paying for the "residential portion". <br /><br />The student's issues at home are beyond the responsibility of the district (or so they will argue) and if part of the decision for residential placement is based on what is going on at home, that would fall to the parents.<br /><br />Unilateral placement is risky. Without fitting into one of the categories of "exceptions" to the notification requirements, a unilateral placement is at the parent's risk. The district has to be afforded the opportunity to correct the deficiencies first.Joynoreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-58813801808713727972010-10-24T19:57:23.636-04:002010-10-24T19:57:23.636-04:00It sounds like Opie was already not making progres...It sounds like Opie was already not making progress in the least restrictive setting and Mount Pilot had the responsibility to already have been working on the goals they thought were the most appropriate.<br /><br />Without the benefit of knowing the goals as written and the reasonableness that Mt. Pilot would be able to implement them, it appears that the parents know Opie best and the school agreed when they agreed to add the parents goals.<br /><br />If Mt. Pilot was able to afford Opie FAPE in the least restrictive setting, they should have already been doing that. <br /><br />Should the parents unilaterally place Opie in the residential setting and he is able to make adequate progress, then I believe current law supports a case of reimbursement to the parents for the tuition and costs at BTS.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-24469819228030165122010-10-23T11:22:47.561-04:002010-10-23T11:22:47.561-04:00i'd first go with implementation of the revise...i'd first go with implementation of the revised goals with more intensive and different sdi, full compliment of supplementary aids, supports and services in the reg ed classrooms, with a supplemental home program.<br />if no progress or regression occurs in 6 weeks, iep team is to move down the continuum of lre, repeat if needed until there is a proper place for the revised intensive and different sdi to be implimented being sped is a service, not a place.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-44513706750749868542010-10-22T13:53:46.858-04:002010-10-22T13:53:46.858-04:00The first step should be to implement the requeste...The first step should be to implement the requested goals in the original school setting. THEN if he is not making progress, move him to the residential placement in an effort to provide the LEAST restrictive environment... no?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1691205078500083881.post-24778126532022657262010-10-22T09:52:26.302-04:002010-10-22T09:52:26.302-04:00I thought I posted a reply to this, but it was on ...I thought I posted a reply to this, but it was on Facebook, but it doesn't seem to be there either????dihicks6noreply@blogger.com