Non-Public placement ~ do they follow same laws/rules as public?

[HonTownMama]

Hi,

My 8 y.o. ASD son is placed in a non-public school.  They will be recommending a new placement for him at his next IEP meeting on June 28th.  The school doesn't know how to handle his meltdowns, otherwise, he is doing very well.  I have a few concerns that I'm hoping maybe someone can answer...

Suspensions:  He has been suspended approximately 7 days due to aggression during meltdowns.  In addition to this they have said they would like a parent to accompany him (be a one-to-one), for his last week of school and if we can't that we can keep him home instead.  This would be legally a suspension, correct or not???  Also, he has been sent home early approx. 7 days and required to be 1/2 days for 3 weeks in the autumn.  Does anyone know how all this works into the suspension definition?

They also did not provide an aide as stated it was stated in his IEP.

I also don't think they provided OT services for the first 2-3 months of school, but I'm having trouble getting them to verify this and I'm not sure how to do that.

Lastly, I'm not sure what any of this means even if they were out of compliance.  Can anything be done about that and if so, what?

Thank you for any help or suggestions!

Angela

[khaoskat]

the answers to your questions are kind of complex.  But i think basically, if the school receives federal funds, they are required to follow some of the laws.

We have a child who is in a private school and his iep was transferred to an isp.  They provide the same services he had in public school.

But on the other hand, private schools can be selective about who they allow to attend or not attend the school, whereas public school does not have that ability.

[khaoskat]

Also, by non-public school are you referring to a purely private school (ie you pay tuition, etc) or are you talking about a magnet/charter/community school, because again that will have a difference on what is required of them.

As for the records - You as the parent have a legal right to his school records and to review them, be it public or private schools.  You can walk into the school office and ask for his records and review them right then and there, including his OT records.  The OT is REQUIRED to keep records of dates/times she has spent with the child.

Aide - that is difficult...I do believe that if that was written into his IEP and the school accepted his IEP, then they are legally required to provide one, and if they did not, then they can be held liable.  His current situation (suspensions, not being able to return, etc), would possibly not be if they had followed the IEP.

[Linda on the move]

I agree with the previous poster. If no federal funds are involved, none of the laws apply. However, if it is a private school that is being paid for by his home district, or he is in another government funded school, all the rules count.

And the lack of OT at the beginning of the year is an old issue. It's crappy, but let it go. There's nothing to do to fix it.

[stik]

The lack of OT at the beginning of the year is important because OT teaches skills that help children cope with situations that would otherwise be difficult and frustrating.  If the school failed to provide services, they cut the student off from tools and strategies that might have dramatically reduced frustration and prevented the current situation.  If the IEP calls for an aide and the school isn't providing one, then they aren't meeting the IEP.  In any case, under federal law, children cannot be punished for a symptom of their disability, and exclusion from school is a punishment.  

If it's a private school where you pay tuition, there probably isn't much you can do.  If the placement in the non-public school is being paid for by the public school district because they cannot provide adequate services, or if the school receives any government funding at all (if it's a public, charter, or magnet school), and they are in violation of the student's IEP and are now trying to claim that he cannot attend school without a parent, you need a lawyer.