How do I get my Autistic son into an out of district school when the public school continues to ignore a doctors recommendation.
3 attorney answers
I am sorry you are going through this situation. I am a special eduation attorney in New Jersey and represent parents of special needs children. Please feel free to give me a call. It is a positive step for you to reach out on this board seeking assistance. However, your situation is certainly too complicated for someone to be able to provide you with an answer on here that will solve all of your problems. If you are not able to afford an attorney I can also point you in the direction of who you can reach out to for special education law assistance.
Laura A. Siclari
You are certainly facing a difficult problem. It is unlikely that you are going to be able to navigate through the special education system without help from an attorney or nonlaywer advocate. You need to find an attorney who is willing to assist you. Since the school district is sometimes required to pay attorneys fees if the parents are successful in securing a substantial educational change in the IEP, you may be able to find a attorney who will have very reasonable charges. You should begin by looking for a member of the Council of Parent Attorneys and Advocates.
DISCLAIMER: I have not agreed to be your lawyer or to give you any legal advice. This response is for information purposes only and is not legal advice. For legal advice you need to find a lawyer who will agree to represent you in this matter.
This sounds like a very frustrating situation. Navigating the special education system can be difficult, but I applaud your determination.
As you certainly now realize, just because your doctor recommends an out-of-district placement for your son doesn't mean the school is required to provide it.
In order to secure this placement you must establish (1) that the current placement is inappropriate AND (2) that the proposed placement is appropriate.
The law defines "appropriate" as a place where your child can make "effective educational progress" in the "least restrictive environment." Each state defines "effective educational progress" differently, so consult your state regulations and case law. Because an out-of-district placement is less inclusive than your son's current placement, you must also prove that the out-of district placement is the least restrictive environment in which your son can make effective educational progress.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
How do you prove your case? With evidence - evaluations, classroom observations, and testing over time, for example. I would strongly urge you to consult with a special education attorney before filing a due process request. Good luck!