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Can my autistic child have the school district provide an in-home program?

Fairfield, CA |

Without going into detail, the class is a mixed bag of skills, behavior, etc. and my child needs specialized attention and is very delayed.

Attorney Answers 3

Posted

The IDEA requires that your school district provide your child with a free appropriate public education (FAPE). The IDEA also requires that your school district place your child in the least restrictive environment (LRE). Thus, if your child requires an in-home ABA program in order to benefit, both academically and nonacademically, your school district must provide an in-home ABA program. Remember, an in-home program is more restrictive than a school-based program. As such, one must compare the more restictive in-home ABA placemement to the offered school program and consider the relative academic benefits, non-academic benefits (social, emotional, etc.), the disruptive influance of your child to his own learning and that of others, and cost.

You can't demand a methodology directly, but you can make sure to request enough goals that it would be difficult for the school to adjust those in a typical school program. You can also request regular updates and data on an on-going basis. Many school districts now have ABA school based programs for children with autism. So make sure you find out details on what your district has to offer.
www.wrightslaw.com has good information on getting services for your child, advocating and case law on other parents who have taken districts to court for ABA programs.
Also www.insurancehelpforautism.com has some information on trying to get services from your insurance company. This website is based on California law but has some links for other states and resources. Good luck!

This is not legal advice and the within response does not create an attorney client relationship between this office/me and any other person or entity. Hans Gillinger Of Counsel Law Offices of Bonnie Z. Yates 13323 Washington Blvd., Suite 300 Los Angeles, CA 90066 tel: (310) 204-6624 fax: (310) 204-6624 Direct: (310) 279-5048 Email: hans@bonniezyates.com web: bonniezyates.com

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You need to request an IEP.

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Not only do you need an IEP as was recommended, but you should also contact Disability Rights California. This agency provides advice and counsel and has excellent materials that can help the parents of children with profound disabilities learn what their rights are to provide their child with an appropriate education.

This is not a substitute for an education or disability rights attorney in your community.

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