The IEP document must include a statement of the special education, related services and program modifications to be provided to the student. In regards to those components, the statute includes an additional requirement that designates specific details about the services that must be included.

The IDEA requires the written IEP document to include:

“the projected date for the beginning of the services and modifications… and the anticipated frequency, location and duration of those services and modifications.”

20 U.S.C. section 1414(d)(1)(A)(VIII).

When will the services and modifications described in the IEP begin?

The projected start date describes when the IEP will be “in effect” for this student. In many instances, an IEP can begin to be implemented right away. However, in some instances, the IEP team may be meeting for the purposes of determining services that are to begin at a later date, for example the following school year.

In any event, the IEP document needs to specifically state when the services are to begin. The District is required to implement that IEP consistent with the start date and in a manner that does not delay the provision of FAPE to the student.

What will be the frequency and duration of the services?

This is the “how often and how much” portion of the IEP. Once services are identified as necessary for the child, the IEP team needs to determine how often the child will recieve those services and how much time will be provided for each service. This determination should be individualized, and based on the child’s identified unique needs, not based on a policy or district administrative decisions. For example, how often a child should recieve speech therapy should be based on his/her unique needs in the areas of speech, language and communication, how those needs impact his/her ability to access the curriculum, how these needs impact his/her functional skills, interactions with peers, etc, and other individual factors like attention span, or how the child generalizes skills. It should not be based on a district determination that all children with this disability recieve 2 times per week of speech therapy.

Whatever the IEP team determines, the IEP document must include a statement that is specific as to the frequency and duration of the services, so that all of those involved in developing and in implementing the IEP fully understand exactly what is to be provided.

What will be the location of the services?

Location can relate to several different considerations. Location may mean whether the service is to be provided within the child’s classroom setting or whether the service is to be provided in a separate setting, like a therapy room, clinic setting, or counseling office. Location may mean whether the service will be provided at the school the child attends or at a private or non-public agency’s office, like the office of a private speech pathologist or occupational therapy. Finally, location may mean the actual school that the child will attend and where the child will recieve services, although this definition of location causes much debate.

The IEP document is required to specifically identify the location of the services. Although there are many different things the IEP team should consider in determining location and how it should be described, the team should avoid generalized statements like “a district school location” and try to include specific information that gives the parents and other team members enough detail to understand what is being provided.

Importance of this information

“The amount of services to be provided must be stated in the IEP so that the level of the agency’s commitment of resources will be clear to the parents and other IEP team members.” Appendix A to 34 C.F.R. part 300, at Q35. This required content serves the purpose of clarifying the District’s implementation duties, so that all persons working with the child understand what is to be provided and at what rate. It also serves the purpose of providing parents with enough information to meaningfully participate in the development of the IEP and fully consider the appropriateness of what is being offered. A parent may agree, for example, that her child requires speech therapy, but without knowing how much speech therapy is offered, it would be impossible for the parent to know if the IEP was appropriate.

The requirement that the IEP document location of services is a cause of much debate. Location in terms of in-class versus out-of-class (or the “push-in” model versus “pull-out” model) may be debated between parents and educators. In recent years, more emphasis has been placed on providing “push-in” services within the classroom setting or other natural environments. While this model is supported by the idea of providing services in the least restrictive environment, parents often feel that their child cannot fully benefit without more individualized services outside of the classroom setting.

Location in terms of the physcial school site is also a debate. In many cases, judges have agreed with school districts that the specific school site is an administrative decision, and that therefore failure to designate the specific school is not a FAPE violation, depsite the requirement that the IEP designate the “location” of services and program modifications to be provided. In some specific cases, however, the failure to identify a specific school has been found to deny student a FAPE. See, for example, A.K. v. Alexandria City School Board, 484 F.3d 672 (4th Cir 2007).

As with any component of the IEP, if the team determines that a specific location is requried to provide the student a FAPE, then that location needs to be specifically identified. In any case, some information describing the location of the services, along with the frequency and duration of the services, must be provided to conform to the statute and allow parents to meaningfully participate in the process.

Authority Education Sites-

Custom Thesis – Are you worried about the quality of your dissertation? Then let Ma-Dissertation help you. They provide professionally written dissertations that are written especially for you.

Research Paper – This website provides original, well-researched and comprehensive research papers. Their unbeatable prices, great service and amazing results have made them one of the leading names in the online coursework writing services.

Dissertation – This is an all-round coursework writing service that provides professionally written dissertations, coursework writing, research papers, etc. You can also get your coursework edited and proofread from Master

Thesis- A well researched thesis is the foundation of a successful career. Thus, you should always trust a professional to research, write and edit your thesis. Trust Masterpaper.com to provide you with a great thesis.

Coursework – For most students, coursework is something that adds to the pressures of studies. If you also need a helping hand in finishing your coursework, then hire coursework-writing.co.uk to help you out.

Essay Writing Help – Professional essay writing help! Custom written essays, research paper and dissertations for reasonable price! No matter what is topic of your essay we will write it!

Age Range Covered:
IDEA 2004 specifies that FAPE must be made available to all children residing in the state between the ages of 3 and 21 inclusive.
34 C.F.R. 300.101(a).

Eligibility At Age 3:
School Districts are required to make FAPE available to children with disabilities by no later than the child’s third birthday. 34 C.F.R. 300.101(b). The law specifies that the IEP must be “in effect for the child by that date,” meaning that assessments to determine eligibility and an IEP meeting to develop goals, services, placement, etc, should be held prior to the third birthday.

If the child turns three during the summer months, IDEA allows for the IEP team to determine the date upon which the IEP will begin. 34 C.F.R. 300.101(b). However, this should be read in conjunction with the requirement that an IEP be in place at the start of the school year for each child with a disability residing within the district. 34 C.F.R. 300.323(a).

Eligibility To Age 21:
States are permitted to decide how to determine the end date for eligibility for a 21 year old. Some states may cut off eligibility as of the date that a child turns 21. Others may determine that eligibility goes until the end of the semester or school year in which the child turns 21. Still others may determine that the child would remain eligible throughout their 21st year (i.e. until they turn 22).

Keep in mind that being age-eligible is not the same thing as an automatic determination that the child still requires special education and related services. There are other factors used to determine the end of a child’s special education program for students beyond “school age,” such as graduation from high school with a diploma or certificate of completion, an IEP team determination that the goals have been met and services are no longer required, etc.

Under the law transportation is a related service akin to services such as speech and language, OT, PT, and counseling. See 20 U.S.C. 1401(a)(22). A school district is required to offer transportation services if it is required to assist the child with a disability to benefit from special education. See 34 CFR 300.24(15)(a).

Transportation includes: (1) travel to and from and between schools; (2) travel in and around school buildings; and (3) specialized equipment, such as special or adapted buses, lifts, and ramps, if required to provide special transportation for a child with a disability. See 34 CFR 300.24(b)(15).

Is my student entitled to transportation?

If a school district provides transportation to general education students then it must provide transportation to special education students to any program to which it assigns a special education student. That is a district can not discriminate against students with disabilities by not providing them with transportation services. However, if a school district, does not provide transportation to the general education students then it must decide on an individualized basis whether or not a student requires transportation as a related service in order to receive a FAPE. A school district must ensure that they consider the IDEA’s LRE mandate in making transportation decisions.

Should my student’s IEP include transportation?

If the student qualifies for transportation as a related service then the IEP should clearly explain the transportation. If a student is capable of using the same transportation services as a student without a disability the IDEA does not require transportation to be listed as a related service in the IEP. See Letter to Hamilton, 25 IDELR 520 (OSEP 1996).

The IEP team should also take into consideration other factors when offering transportation in order to assure that the IEP offers a FAPE. For instance the team should consider if the student requires specialized equipment such as a special or adapted vehicle, a lift, a ramp, seat restraints, security devices, such as a harness or vest, a car seat, air-conditioning and/or tinted windows.

The IEP team should also consider whether it is appropriate for personnel to assist the student. If the student requires personalized services within the classroom, then it would be appropriate for the IEP team to consider whether the student required personal assistance while being transported.

A school district should also consider whether a change in policy is necessary to accommodate a student with a disability, such as allowing a student with diabetes to have a snack on a bus.

Where will my child be transported to and from?

It depends on what is appropriate for the student. A student may be picked up from a bus stop if it is appropriate but if their disability prevents them from being at the bus stop then home to school transportation may be appropriate. For example, if the student does not understand potential safety hazards then it may not be appropriate for the student to be picked up at a bus stop.

A school district will also be obligated to transport a student for an extracurricular or nonacademic activity if it is related to the student’s IEP goals and objectives.

How much time should a student be on a bus?

Neither the IDEA or Section 504 specifically address the appropriate length of bus rides for students with disabilities. In general, a school district must consider the length of a bus ride, proximity of student’s home to placement and overall impact on the student. Some states regulate the length of a bus ride by establishing a maximum amount of time a student may be on a bus. Excessive travel time can result in a denial of FAPE as excessive daily commuting to a placement may suggest the need for a residential placement. What constitutes an excessive amount of time, once again, depends on the student, his or her disability, overall health condition and norms for the region. A general rule, however, is that the student’s daily commute should not greatly exceed one hour each way. See e.g., Bonadonna v. Cooperman, 557 IDELR 178 (D.N.J. 1985); Covington Community Sch. Corp, 18 IDELR 180 (SEA IN 1991); Kanawho County (WV) Pub. Sch., 16 IDELR 450 (OCR 1987).

Furthermore, a school district should not shorten the school day to accommodate bus schedules for a special education student. See Palm Beach County (FL) Sch. Dist., 31 IDELR 37 (OCR 1998); Jim Thorpe (PA) area Sch. Dist., 20 IDELR 78; Lincoln County (NC) Sch. Dist., 17 IDELR 1052 (OCR 1991). Students with disabilities must be given a comparable length of school day and week as non-disabled students, unless there is a compelling specific reason.

There may be other factors to take into consideration when determining the specifics of transportation as a related service for your student – if you need more help contact a special education attorney in your area.

A reminder that today is a national call-in day for the IDEA Fairness Restoration Act, H.R., 2740.

Call your Congressional Representative to ask him or her to co-sponsor the Act and help level the playing field.Dial 202-224-3121 (TTY 202-225-1904) and ask for your Representative. You can also find direct dial numbers for your Representative, including local numbers (if long-distance is too costly), on your Representative’s web page at http://www.house.gov/.

How to Find Out Who Your Congressional Representative is: If you do not know who your Congressional Representative is, go to http://www.house.gov/ and put your zip code into the box in the upper left corner.The IDEA Fairness Restoration Act will override the Supreme Court’s decision in Arlington Central School District v. Murphy (2006) and allow parents who prevail in due process or litigation to be reimbursed for their expert witness fees.

When prevailing parents cannot recover expert costs, the playing field is neither level nor fair, and children are denied a free appropriate public education and other fundamental IDEA rights.For more detailed information about the Act click here and to read the Act in its entirety click here.

What are Nonacademic Services and Extracurricular Activities?
IDEA specifies that these services / activities may include “counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities and employment of students, including both employment by the public agency and assistance in making outside employment available.” 34 C.F.R. 300.107(b).

Extracurricular activities are basically those activities that school age kids participate in beyond the classroom setting, like sports, clubs, etc.

Mandate for Equal Opportunity:
IDEA 2004 states that “each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.” 34 C.F.R. 300.107(a).

Under Section 504, Districts are required to provide nonacademic services and athletics in the manner necessary so as to afford students with disabilities an equal opportunity for participation in such services and activities. 34 C.F.R. 104.37(a)(1). Failure to ensure equal opportunity could give rise to a claim of discrimination under this Act.

What should the IEP team do?
IDEA 2004 broadened the definition of supplementary supports and services by specifying that such aids, supports and services are provided not only in the regular classroom setting and other education-related settings, but also within extracurricular and non-academic settings. 34 C.F.R. 300.42. This means that the IEP team must consider what supports may be necessary to ensure that the child has the ability to participate in the same extracurricular activities as are available to his/her non-disabled peers. For example, the student may need 1:1 assistance and support to attend club meetings or other activities; or require accommodations / modifications within the program.

If you think your child may require special education, including specialized instruction and services, within the school setting, it may feel very overwhelming to embark on the process of obtaining those services. Here is some basic information to help you understand the initial steps and get you started.

Who May Require An Individualized Education Plan?

If your child has a disability, or you suspect that he or she may have a disability, he/she may require an individualized education plan (IEP) and may be entitled to a free appropriate public education from your school district. Eligibility for special education is based on two factors: First, the child must be a student with a disability; Second, because of that disability, the child must require special education and related services.

Parents may suspect that their child requires an IEP based on many different factors. You should follow up on these suspicions and request an evaluation and IEP (see below) if your child is struggling in school (academically, behaviorally, socially, etc) because of difficulties that you believe may be related to a disability. Maybe your child already has a diagnosed disability from his pediatrician, a specialist, or a psychologist; if you believe that diagnosed disability is impacting him/her educationally, you need to obtain an evaluation and IEP from your school district. Many parents start this process not knowing what disability their child has, but knowing that their child is experiencing difficulties and “failures” in the school setting that don’t make sense, or aren’t explained by other factors. Ultimately, you as a parent need to follow your instincts, and request the evaluation if you think that a special education program may be required.

How Do You Get the Process Started?

If you suspect that your child may have a disability and may require special education, the first step is to request that your local school district conduct an evaluation. You should make this request in writing. Although it is certainly appropriate for you to verbally discuss your concerns with your child’s teachers or other staff, you should not trust that doing so will mean that your child will be referred for an evaluation. Make a very specific request in writing and make sure it gets to the appropriate person at your child’s school, and at the school district if necessary. The school staff should be able to tell you exactly who handles these requests so that you can address your letter to the appropriate person.

Your letter should state clearly that you are requesting a comprehensive evaluation in order to determine eligibility for special education and related services. If your child has a diagnosed disability already, it would be a good idea to state this in the letter. Otherwise, you can state what your concerns are that cause you to believe an IEP is required.

Example:

Dear Ms. Administrator:

I am writing in to request an evaluation for special education and related services for my child, Daughter. Daughter is a student in the Local School District and currently attends Local School. Her date of birth is XX/XX/XX, and she is currently in the Xrd Grade.

I am concerned about Daughter’s ongoing struggles in school. Although Daughter is smart and capable of learning, she seems to be having a difficult time learning to read, and is falling further and further behind. She is also having a difficult time paying attention, and her teachers have noticed that she is not always on task. Daughter’s pediatrician has suggested that she be evaluated for a learning disability. I believe that Local School District needs to conduct a comprehensive evaluation in order to determine her possible eligibility for special education and her unique needs. Thereafter, I am requesting an IEP team meeting to be convened as soon as possible to review the results of the evaluation and to discuss an appropriate plan to address Daughter’s educational needs.

I can be reached at 000-000-0000. I look forward to working with you in order to obtain help for Daughter.

Sincerely,
Mother

What are the Next Steps?

After you have formally requested an evaluation and an IEP, the school district cannot simply ignore that request. They will need to respond to you and initiating the evaluation process. If the school district ignores the request and does nothing, you can file a Compliance Complaint with your state educational agency.

Different states have different rules in regards to how the evaluation process commences. In California, for example, after the school district recieves a request for an evaluation, it must produce a proposed assessment plan within 15 days. That assessment plan will need to provide the parent with information regarding what areas will be assessed and what assessment measures will be utilized.

After the parent provides consent for the assessment, the school district will need to conduct the evaluations and convene an IEP meeting within the applicable timelies (60 days, for the most part) to review the results. The evaluations conducted by the school district must be conducted by a multidisciplinary team, and must cover all areas of suspected disability, including health and development, vision, hearing, motor skills, language, academics, general intelligence, self-help skills, orientation and mobility, career and vocational skills, social / emotional status, and communication. See 20 U.S.C. section 1414(b). The evaluation also must be sufficiently comprehensive to identify each of the student’s unique special education and related services needs. Ultimately, the evaluation needs to provide enough information to the IEP team not only to determine whether the child is eligible, but also to be useful in developing an appropriate program to meet the child’s needs.

What Happens at the Initial IEP Meeting?

The District must convene an “IEP team” to review the findings of the evauation. This team includes parents, a special education teacher, a regular education teacher, a district representative or school administrator, and the persons who conducted the assessment or persons who are qualified to interpret the results of the assessment. Parents may invite other persons with specific knowledge about their child or about special education, like a friend, relative, doctor, tutor, therapist, or advocate.

The IEP team as a whole should review the results of the assessment, the findings, and the recommendations. The team should then consider any applicable eligibility categories, and whether, based on the assessment results and other data presented, the child meets any category. The team should also consider whether the child “requires special education and related services.”

Remember that parents are a part of the IEP team, and can and should express their opinion regarding eligibility as well as any other concerns that they have regarding their child’s education!

If the IEP team determines that the child is eligible for special education, the next step is the development of an Individualized Education Plan, to include goals and objectives to enable the child to make progress and to meet her unique needs, modifications and accommodations necessary to allow the child to access curriculum, and appropriate and necessary related services and specialized instruction to address the child’s needs and enable them to recieve benefit from his/her educational program.

What Happens if The District Says No?

If the school district determines that the child is not eligible for special education, you have the right to disagree with this determination. If you do not believe that the district’s evaluation was appropriate, accurate, adequate or sufficient, you also have the right to disagree with the evaluation, and to seek an indepedent educational evaluation at district expense. An independent evaluation can be critical to provide more comprehensive information to support a determination that the child is in fact eligible. You can ask that the school district reconvene the IEP team at a later date to review the results of an independent evaluation and determine eligibility.

If you are disagreeing with the eligibility determination, you should make this clear in writing and base it on your concerns. You may need to seek assistance for a special education attorney or advocate to dispute the school district’s determination if you need to file for a due process hearing or mediation.

Unilateral placement cases are highly fact-specific and each case is unique. It is advisable that a parent seeking to place their child unilaterally and obtain reimbursement for the costs of that placement obtain assistance from a special education attorney or highly experienced advocate from the initial stages of this process. An attorney or advocate can assist the parent with following all of the necessary steps in the process along the way.

The previous post in this series talks about when and how a parent gives notice to the school district of their decision to place their child unilaterally at a private school. Prior to reaching the point of providing notice, parents must go through the process of determining that a private placement is necessary for their child. The case law recognizes that such a determination is made at the parents’ financial risk; that is, there is no guarantee that the parent would ultimately be reimbursed. Therefore, the determination to take such a step should only be made when it is necessary, and must be done cautiously. This second part of the “private placement” blog series discusses factors and situations that may give rise to such a determination.

Parents have attempted to work with the District to find another suitable alternative

Generally, parents should not rush into a unilateral, private placement without first trying to work within the District’s system to locate an appropriate alternative. This doesn’t mean that every child has to necessarily “try” the District’s proposed classroom before the private placement occurs. But it does mean that parents should work cooperatively with the District, attend and participate in IEP meetings, voice their concerns about placements proposed by the District, go and observe District programs when possible, and provide the District with input from private experts or independent evaluators. If the District has not been given the “opportunity” to provide the student with an appropriate program, ultimately it is likely that a judge will find that reimbursement is not appropriate.

Private placement should be considered, therefore, in situations where the parent has actively and cooperatively participated in IEPs and placement discussions and has made efforts to work with the District to secure an approrpiate publicly funded placement. Many parents only turn to a unilateral placement after visiting / observing all of the recommended placements by the District, having multiple meetings with the District about placement, voicing their concerns, etc, and then determining that there is no appropriate option within the District’s alternatives and private placement is therefore necessary. To read an example of such a case, see Board of Education of the City School District of the City of New York, 39 IDELR 56 (SEA NY 2002).

The District delayed completion of or implementation of an appropriate IEP, thereby denying educational benefit

In some circumstances, the district’s unjustifiable delay in completing or implementing an IEP may cause such a loss of educational benefit to the student as to support the need for a private placement and reimbursment to parents. Consider whether the district has failed to complete an IEP at all, leaving it “in limbo” such that the student has no program in place. If this has happened, parents may be faced with a choice between leaving their child with no specialized program, or unilaterally placing the child in an appropriate program and seeking reimbursement. If the issue is not development of the IEP, but implementation, it is important to look at whether the component that has not been implemented was essential to the IEP, and the lack of that component meant that the program itself was no longer appropriate. Again, parents are then faced with a difficult choice between allowing their child to continue in the inappropriate program or unilaterally placing him/her. The cases on this issue are very fact specific, so it should not be simply assumed that any time the district fails to implement the IEP, unilateral placement will be justified. Again, it would be a good idea to have an expert opinion regarding the impact of the delay or non-implementation. For examples of such cases, read Board of Educ. of Chatham Cent. Sch. Dist., 39 IDELR 144 (SEA NY 2003 and Ms. M ex rel K.M. v. Portland Sch. Comm., 39 IDELR 33 (D. Me. 2003).

Student has made no progress in the District’s program

When a student has already been in a specific program offered and provided by the school district, and that program has proved to be inappropriate or ineffective, it may be time for parents to consider an alternative. This scenario necessitates looking objectively at the data and information about the child to adequately determine if there has been progress or not, and therefore usually requires an expert’s opinion. If the student has been in the program / methodology, ask yourself if he/she has made little to no progress in the specific area being addressed. Also, it is important to look at what the District knew or should have been aware of with regards to the lack of progress. Is this a situation where ongoing progress reports, IEP documents and other data were demonstrating for a significant amount of time that no progress was being made, yet the district ignored such data and continued to offer the same kind of program? Or is it a situation where there was no clear data on an ongoing basis, so maybe no one was aware of the lack of progress until the child was reevaluated much later? An alternative placement may be more appropriate in a situation where not only was the district’s program ineffective and inappropriate, but the district also continued to offer said program despite indication that it wasn’t working. For an example of such a case, read Draper v. Atlanta Indep. Sch. System, 108 LRP 13764 (11th Circuit 2008).

In some cases, there may be data and evidence that not only establishes lack of progress, but actual regression in some areas. If the child is regressing, rather than progressing, under the district’s program, then parents may need to look for an alternative. In these situations, expert opinion would be critical to establish regression. Also, you should consider factors such as whether the district knew the child was regressing, how they responded, and whether they are now offering something different. Fo an example, read J.P. v. County Sch. Bd. of Hanover County, Va 46 IDELR 133 (E.D. Va. 2006).

District has offered a prospective placement that is not appropriate

Commonly, parents consider unilateral placements because of a dispute about what the district has offered prospectively. When the district’s IEP and placement offer will not meet the child’s needs or enable him/her to obtain educational benefit, the parents may need to consider rejecting that offer and unilaterally placing the child. Again, this is a very fact sensitive scenario, and the parents must consider the IEP offer carefully. An expert who can not only evaluate the child’s unique needs, but also observe the proposed placement will most likely be necessary. It is important to look at what the child’s identified unique needs are and evaluate the proposed IEP on whether or not it will meet those needs. Consider if there is a specific type of setting, for instance, that the child requires, or whether the child needs a therapuetic component to address his/her social / emotional needs. The totality of the factors will be considered in these situations to determine if the district offered FAPE, and ultimately if the parent is entitled to reimbursement for the unilateral placement. For examples of such cases, read Lamoine Sch. Comm. v. Ms. Z. ex rel N.S. 42 IDELR 172 (D. Me. 2005) and Board of Educ. of the City Sch. Dist. for the City of N.Y. 35 IDELR 28 (SEA NY 2001).

Remember that whatever situation arises that causes parents to consider a unilateral placement, parents need to be careful and consider all of the district’s options before making such a decision. Consult with experts, providers and persons who know your child. It may also be necessary to consult with a special education advocate or attorney.

The next blog in this series will discuss another issue in private placement cases, which is consideration of whether the unilateral, private placement is appropriate.

When people first think of assistive technology they think of the actual devices that a student uses in the classroom – ranging from a laptop computer to a pencil grip. But some devices requires that the student’s IEP actually include a direct service in order for them to access those devices.

Under the IDEA assistive technology service means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. See 20 U.S.C. 1401(2); 34 CFR 300.6. As with other services if the student is identified as needing special education and related services they are entitled to an individual evaluation for possible assistive technology devices. See Maynard Sch. Dist., 20 IDELR 394 (SEA AR 1993).

In a unilateral placement case, when parents are seeking reimbursement for a private school placement, parents must demonstrate that the private placement the child is attending is “appropriate” for that child. This presents what the courts have deemed a “stringent but not impossible” task. Parents meet this burden by demonstrating that the private placement meets the child’s needs and provides the child with educational benefit. Courts will look at whether the placement reasonably serves the child’s individual needs.

This analysis is obviously fact-sensitive and varies in every single case. The “appropriateness” of the private placement is something parents need to keep in mind at every stage of this process, from deciding to disagree with the district’s proposed placement, to searching for an appropriate alternative, to deciding if/when to seek reimbursement.

Things to Consider:

There are many things parents can consider when deciding on a placement. Its helpful to start out with a list of your child’s unique needs as a starting place so that you can keep in mind how the different components of various options may (or may not) meet those needs. Then make a list of the things that would be required to be in a program for it to be appropriate for the child. Utilize your experts and evaluators during this stage if possible.

Examples of factors to think about include:

* Class size: does your child need a small class size with fewer peers? higher teacher:student ratio?

* Campus size / setting: does your child get overwhelmed in a large campus setting? are there safety concerns that may arise in larger settings?

* Specialized Instructional Methods: what specialized instructional programs does your child need? for example, does your child need specialized instruction for reading and is it available at this placement?

* Behavioral Components: what type of behavioral program does your child require? will class-wide behavior modification work? does your child require staff with certain training or experience to address his/her behavior?

* Social Skills Components: does your child need social skills instruction as part of a classroom curriculum component? in-the-moment training and facilitation throughout the day? does your child need access to appropriate social-models in terms of peers?

* Training of Staff: does your child require access to staff with specific training or experience working with kids with particular needs / disabilities?

Thinking about topics like these will help parents to ensure that if they are in the situation of having to choose a private alternative for placement, that placement is one that meets the child’s needs so as to be considered “appropriate” when they are later seeking reimbursement.

Remember that the appropriateness of the private placement is only one factor, and only applies if the District’s proposed placement is found to be inappropriate. While making a list of your child’s unique needs and considering these factors when analyzing placement offers and options naturally will lead to some comparison between the District’s placement and the private one, remember that comparing them is not the analysis the court will use. It is not enough simply to show that the private placement is “better,” because ultimately you must show that the District’s placement was not appropriate.