Parents frequently want their child to receive a home program of related services and or ABA on top of or in addition to seeking funding or reimbursement for placement in a private special education school.  By pursuing this type of claim beware, you are most likely going to find yourselves at an Impartial Hearing.

What the school district will argue is that if a parent is seeking an afterschool program then the private school where the child is enrolled is not appropriate.  The district bases their argument on case law that says for a private school to be deemed appropriate for a specific child it has to be able to meet all of that child’s special education needs.  So you see when you as a parent are asking for after school services you are saying or implying that the school is not meeting all of your child’s needs.

Now of course we all know this is not the case, and that there are many children, particularly those that are on the Autistic Spectrum that need not only a highly specialized private school but a continuation of services after school in order for them to be able to access the education that they receive in the private school.

These types of cases are very complicated and require a great deal of pre-hearing planning.  We suggest that any parent who wants to pursue this type of action, meet with an attorney specializing in this area of law.  We need to help you create a full record prior to your requesting an impartial hearing.   We need your private school to be on board and supports your position.  We need to demonstrate that you have requested this to the CSE and what their response has been.  And most importantly, we need to show that the home program is benefitting your child’s functioning in school, in essence your child needs this in order to effectively access his school program.

REGINA SKYER and LARA DAMASHEK