As a teacher, how can I advocate for a third grade student who receives resource support services, but failed to make any progress in reading or math this year?
Her parents paid for a daily specialized reading program for three months. She made astounding progress.
She learned to read and her scores improved greatly. Her parents have now requested the school fund the continuation of this program for reading comprehension and the LMB math program.
The school district says “No.” They say they have a solid reading and math program, while not “a cadillac,” it works.
The program they use may be good, but it has not been adequate for this child to learn or reach her potential.
You are right. A program the school considers “good”may not be adequate for every child, depending on the child’s needs.
The bottom line is the child has a right to a free appropriate public education (FAPE). If she did not learn and make progress in the district’s program, the district did not provide her with FAPE.
The parents were faced with a choice:
- keep her in the district’s program where she isn’t learning the most basic skills, or
- pull her out and pay for the services she needs.
Fortunately, the parents took the second option. But this is not what Congress envisioned when they enacted the IDEA in 1975.
What the Courts Have Said
The district should reimburse the parents for the cost of the child’s education retroactively and prospectively. Courts have held that while children are not entitled to a Cadillac, they are entitled to a serviceable Chevrolet that runs. Courts have also held that if a child isn’t learning, the school provided a lemon and the school should reimburse.
Of course, schools are not inclined to do this. This is especially true when they claim that their program, which didn’t teach a child to read, “works.”
The special education law is based on the fact that children learn differently.
A standardized one-size-fits all reading and math program may “work” for most kids, but it won’t work for every child. This is why the law requires schools to provide services that are individualized to meet the unique needs of each child.
For reasons that are not clear to me, many schools don’t seem to understand the requirement that they must individualize instruction. If a child isn’t learning in a particular program, that program doesn’t “work.” The school must provide a different program that does work.
Thanks for caring about the kids!
Tags: Free Appropriate Public Education (FAPE) · progress · Reading · Tuition Reimbursement8 Comments
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8 responses so far ↓
PLACEMENT
After the goals on the IEP have been developed and it comes time to discuss placement, if there is no consensus within the team, the special services director makes a decision of placement. If the parents do not agree with this placement, is there a way to override the Director’s decision without going into Mediation or filing a complaint. Does the IDEA assume the parents act in the best interest of their child and allow placement change without parents having to hire an attorney?
I remember back in the 70’s schools had many varieties of reading programs in spec ed classrooms. It is what made spec ed spec. Then money quit flowing and we had the same generic materials the reg ed teachers had, So nothing special about special education and the ability to individualize died when materials could not be purchased. Sad really. All kids can learn with the right methods and materials. KAthy Erie Pa
The problem with this advice is that you need to prove that the school’s program is not achieving progress. This requires you to let the child flounder.
With our son, we were nervous. We weren’t game for waiting around to find out whether the school’s program would make progress. We paid for home services while he was/is enrolled in our local public school.
So when he makes progress, we believe that it is because of the home program, and we have no way to prove otherwise.
My son has an IEP, ADD OHI. I pulled him from school in March. They dumped his desk when he can’t remember not completing work. No recess. Reduced assignments w/o my knowledge. Has no goals in the IEP. I never get info about progress. He has not been tested in 5 years. Reevaluation from old test scores show add, adjustment disorder w/ depressed mood from school, below average IQ. School stated no motivation or self esteem. I’m trying to find out what I can do. I found a school but I will have to relocate.
This is more of a question than a comment. If the child is regressing and the school has had the opportunity to address the regression or no progress, how do you argue for out placement based on FAPE? Statistically my son has regressed when you compare IQ and compare academic testing from 4 yrs old to now 8 yrs old. The school has made changes in the last year but with no improvement. How do I argue successfully for out placement?
Thanks
Patricia
My 12 year old son was finally diagnosed with Dyslexia and Dysgraphia even though he has had an I.E.P. Since Pre-K. We have lived in the same state his whole life but did switch school districts one time. We paid out of pocket for the test. Are we entitled to reimbursement for the testing?
We hired a Specail Attorney last year at the end of our son’s 9th grade year when or son’s behavior was out of control and the School Staff refused to work with us to resolve the problems he had all year long.Our son’s Dr recommended placement in a facility for kids with developmental delays and mental retardation where he could get the wrap around services he needed to continue his education in school.
At our son’s ARD Meeting this was discussed and the ARD Members didn’t feel this was necessary. By the end of the school year our son had not completed any academic work and failed his State academic tests so the entire year was wasted. We filed for a Due Process Hearing and won on the grounds the School District in fact failed to provide our son with a FAPE. They are paying for his tuition and he has made a great deal of progress.
THANKS