Comments for RandyChapman's Ability Law Blog http://randychapman.wordpress.com Practical comments and information on special education, early intervention, and disability law Fri, 13 Nov 2009 15:59:54 +0000 http://wordpress.com/ hourly 1 Comment on Opening the School Door to Section 504 by randychapman http://randychapman.wordpress.com/2007/09/14/opening-the-school-door-to-section-504/#comment-745 randychapman Fri, 13 Nov 2009 15:59:54 +0000 http://randychapman.wordpress.com/2007/09/14/opening-the-school-door-to-section-504/#comment-745 Hi Tina and thank you for your question. A moderate to severe hearing loss would ne considered a disability under Section 504 and the ADA. You are right to contact the school district and request an evaluation for 504 eligibility. Once eligible, the issue will be what services does your daughter require so that her individual educational needs are met as adequately as the school meets the needs of students without disabliities? What those services are would be determined through a 504 planning process. It is possible that additional support through a tutor or 1:1 instruction might be required, but there may be other ways of supporting your daughter. You might contact Disability Rights California, California's Protection & Advocacy System, at http://www.disabilityrightsca.org/about/index.htm. They have a regional office in San Diego. I wish you the best of luck in getting services for your daughter. Hi Tina and thank you for your question. A moderate to severe hearing loss would ne considered a disability under Section 504 and the ADA. You are right to contact the school district and request an evaluation for 504 eligibility. Once eligible, the issue will be what services does your daughter require so that her individual educational needs are met as adequately as the school meets the needs of students without disabliities? What those services are would be determined through a 504 planning process. It is possible that additional support through a tutor or 1:1 instruction might be required, but there may be other ways of supporting your daughter. You might contact Disability Rights California, California’s Protection & Advocacy System, at http://www.disabilityrightsca.org/about/index.htm. They have a regional office in San Diego. I wish you the best of luck in getting services for your daughter.

]]> Comment on Opening the School Door to Section 504 by tina http://randychapman.wordpress.com/2007/09/14/opening-the-school-door-to-section-504/#comment-744 tina Fri, 13 Nov 2009 04:11:09 +0000 http://randychapman.wordpress.com/2007/09/14/opening-the-school-door-to-section-504/#comment-744 Hi Randy I have a 12 yr old daughter that has a moderate to severe hearing loss. Attends RSP and a DHH comes out to visit about three times a week. Ive requsted a tutor and maybe one on one instructions cause she struggles on some of the subjects. And in the past she has done better with one on one. Is it the schools resposnsible in providing these services? This has been so fusterating cause the school cant even give me resources for my daugter and next year she will be in 8th grade and i know she will struggle even more.I was just aware of 504 im going to go to the district to see how to go about starting the paper work. Hi Randy
I have a 12 yr old daughter that has a moderate to severe hearing loss. Attends RSP and a DHH comes out to visit about three times a week. Ive requsted a tutor and maybe one on one instructions cause she struggles on some of the subjects. And in the past she has done better with one on one. Is it the schools resposnsible in providing these services? This has been so fusterating cause the school cant even give me resources for my daugter and next year she will be in 8th grade and i know she will struggle even more.I was just aware of 504 im going to go to the district to see how to go about starting the paper work.

]]> Comment on President Signs ADA Amendments Act of 2008 by EEOC Seeking Public Comment on Rules Implementing the ADA Amendments Act of 2008 « RandyChapman’s Ability Law Blog http://randychapman.wordpress.com/2008/09/25/president-signs-ada-amendments-act-of-2008/#comment-714 EEOC Seeking Public Comment on Rules Implementing the ADA Amendments Act of 2008 « RandyChapman’s Ability Law Blog Tue, 29 Sep 2009 18:38:34 +0000 http://randychapman.wordpress.com/?p=73#comment-714 [...] on September 29, 2009 by randychapman      Last September 25, 2008 President Bush signed the Americans with Disabilties Amendments Act of 2008. The ADA Amendments Act legislatively over turned decisions by the Supreme Court that narrowed the [...] [...] on September 29, 2009 by randychapman      Last September 25, 2008 President Bush signed the Americans with Disabilties Amendments Act of 2008. The ADA Amendments Act legislatively over turned decisions by the Supreme Court that narrowed the [...]

]]> Comment on Supreme Court Rules the IDEA Authorizes Private-School Tuition Reimbursement by randychapman http://randychapman.wordpress.com/2009/06/22/supreme-court-rules-the-idea-authorizes-for-private-school-tuition-reimbursement/#comment-705 randychapman Mon, 14 Sep 2009 14:53:04 +0000 http://randychapman.wordpress.com/?p=189#comment-705 Hi Mary and thank you for the question. It is possible that the school district in Florida could be required to pay for tuition in an out of state private school, but it is an uphill battle. There are two ways the Florida district might pay for an out of state school. (1) If the IEP team in Florida agreed that their school district could not provide your son a free appropriate public education but the out of state school could, the IEP team could recommend the out-of-state placement. If so, the Florida district is required to pay for the out of state program. (See 34 CFR 300.146) (2) If you decide to place your son in the out of state program and the IEP team in Florida does not agree that placement is appropriate and believes the Florida placement is appropriate, then you need to show that (a) the Florida program is inappropriate and (b) the out of state program is appropriate. You can start that process in two ways. Either attend an IEP meeting and let the Florida district know that you are rejecting their program and enrolling your son in the private out of state program at the Florida school's expense, or, you can write a letter 10 working days before removing your son from the Florida school telling the school district that you will be removing your son form their program and placing him in a private out of state program at the school district's expense. In that case, if the Florida district opposes your decision you will need to prevail at a hearing.(see 34 CFR 300.148. I wish you the best of luck in getting appropriate services for your son. Hi Mary and thank you for the question. It is possible that the school district in Florida could be required to pay for tuition in an out of state private school, but it is an uphill battle. There are two ways the Florida district might pay for an out of state school. (1) If the IEP team in Florida agreed that their school district could not provide your son a free appropriate public education but the out of state school could, the IEP team could recommend the out-of-state placement. If so, the Florida district is required to pay for the out of state program. (See 34 CFR 300.146)

(2) If you decide to place your son in the out of state program and the IEP team in Florida does not agree that placement is appropriate and believes the Florida placement is appropriate, then you need to show that (a) the Florida program is inappropriate and (b) the out of state program is appropriate.
You can start that process in two ways. Either attend an IEP meeting and let the Florida district know that you are rejecting their program and enrolling your son in the private out of state program at the Florida school’s expense, or, you can write a letter 10 working days before removing your son from the Florida school telling the school district that you will be removing your son form their program and placing him in a private out of state program at the school district’s expense. In that case, if the Florida district opposes your decision you will need to prevail at a hearing.(see 34 CFR 300.148. I wish you the best of luck in getting appropriate services for your son.

]]> Comment on Supreme Court Rules the IDEA Authorizes Private-School Tuition Reimbursement by Mary H. http://randychapman.wordpress.com/2009/06/22/supreme-court-rules-the-idea-authorizes-for-private-school-tuition-reimbursement/#comment-704 Mary H. Mon, 14 Sep 2009 14:09:05 +0000 http://randychapman.wordpress.com/?p=189#comment-704 I have a son with Asperger's syndrome and have been told by many people, including our school's autism classroom teacher, that there are no appropriate schools for him in Florida where we currently live. Several people, psychologists and social workers, have recommended schools in the New England area. Could our school system in Florida be made to help our family with the cost of tuition in a school out of state? I have a son with Asperger’s syndrome and have been told by many people, including our school’s autism classroom teacher, that there are no appropriate schools for him in Florida where we currently live. Several people, psychologists and social workers, have recommended schools in the New England area. Could our school system in Florida be made to help our family with the cost of tuition in a school out of state?

]]> Comment on Protection from Retaliation by randychapman http://randychapman.wordpress.com/2008/03/19/protection-from-retaliation/#comment-701 randychapman Fri, 11 Sep 2009 04:02:40 +0000 http://randychapman.wordpress.com/?p=28#comment-701 Yes, 504 applies to nonacademic and extracurricular activities in school. See my post from July, 2008: <a href="http://randychapman.wordpress.com/page/2/?s=504" rel="nofollow">Section 504, School Field Trips, and Students with Disabilities</a>. Thank you for your comment. Yes, 504 applies to nonacademic and extracurricular activities in school. See my post from July, 2008: Section 504, School Field Trips, and Students with Disabilities. Thank you for your comment.

]]> Comment on Protection from Retaliation by m denny http://randychapman.wordpress.com/2008/03/19/protection-from-retaliation/#comment-700 m denny Fri, 11 Sep 2009 03:47:58 +0000 http://randychapman.wordpress.com/?p=28#comment-700 The 504 law apply to all school activity's such as field trips after school activity's dances sports etc- The 504 law apply to all school activity’s such as field trips after school activity’s dances sports etc-

]]> Comment on Toileting Assistance in Child Care and the ADA by randychapman http://randychapman.wordpress.com/2009/05/14/toileting-assistance-in-child-care-and-the-ada/#comment-698 randychapman Sun, 06 Sep 2009 01:19:14 +0000 http://randychapman.wordpress.com/?p=176#comment-698 Michael, my thanks to you and your wife for heping this child. Please contact the Connecticut Protection & Advocacy System. They are an excellent agency and I am sure they can help. Here is their website: http://www.ct.gov/opapd/site/default.asp Michael, my thanks to you and your wife for heping this child. Please contact the Connecticut Protection & Advocacy System. They are an excellent agency and I am sure they can help. Here is their website: http://www.ct.gov/opapd/site/default.asp

]]> Comment on Toileting Assistance in Child Care and the ADA by michael http://randychapman.wordpress.com/2009/05/14/toileting-assistance-in-child-care-and-the-ada/#comment-697 michael Sun, 06 Sep 2009 00:55:42 +0000 http://randychapman.wordpress.com/?p=176#comment-697 My wife is a special education teacher in CT. She recently became involved in a case of a deaf/mentally retarded 15 yo boy who was never toilet trained. He has been in state custody his whole life. He has always attended the same school. He lives in a group home. The group home/school said he could not be trained because he "didn't care about having a dirty diaper. After 12 days, my wife has him in underwear and remaining clean/dry for the last 3 days. He is basically 75% trip trained. She was just informed that she is no longer going to be working with the child that his "aides" will be training him. She has worked with both of these aides, neither has a HS Diploma and neither will touch the child. The group home's plan is to put him back in diapers and continue the training that way. TOILET TRAINING WAS NEVER A GOAL ON HIS IEP. Is there any law that mandates this training be done by a certified teacher? Oh, by the way my wife is fluent in sign language and that is how she communicates with the child. Neither aid knows sign language. The plan is to move the child to a less restrictive environment when the training is done. The group home is not interested in seeing him leave and will thwart the training. PLEASE HELP THIS CHILD. My wife is a special education teacher in CT. She recently became involved in a case of a deaf/mentally retarded 15 yo boy who was never toilet trained. He has been in state custody his whole life. He has always attended the same school. He lives in a group home. The group home/school said he could not be trained because he “didn’t care about having a dirty diaper. After 12 days, my wife has him in underwear and remaining clean/dry for the last 3 days. He is basically 75% trip trained. She was just informed that she is no longer going to be working with the child that his “aides” will be training him. She has worked with both of these aides, neither has a HS Diploma and neither will touch the child. The group home’s plan is to put him back in diapers and continue the training that way. TOILET TRAINING WAS NEVER A GOAL ON HIS IEP. Is there any law that mandates this training be done by a certified teacher? Oh, by the way my wife is fluent in sign language and that is how she communicates with the child. Neither aid knows sign language. The plan is to move the child to a less restrictive environment when the training is done. The group home is not interested in seeing him leave and will thwart the training.

PLEASE HELP THIS CHILD.

]]> Comment on Toileting Assistance in Child Care and the ADA by The ADA/504 and Assistance in Toileting in Public Before School and After School Programs « RandyChapman’s Ability Law Blog http://randychapman.wordpress.com/2009/05/14/toileting-assistance-in-child-care-and-the-ada/#comment-696 The ADA/504 and Assistance in Toileting in Public Before School and After School Programs « RandyChapman’s Ability Law Blog Thu, 03 Sep 2009 21:13:44 +0000 http://randychapman.wordpress.com/?p=176#comment-696 [...] 3, 2009 by randychapman      I received a great question and comment to my post from last May Toileting Assistance in Child Care and the ADA . That post discussed the requirements under Title III of the ADA to provide toileting assistance [...] [...] 3, 2009 by randychapman      I received a great question and comment to my post from last May Toileting Assistance in Child Care and the ADA . That post discussed the requirements under Title III of the ADA to provide toileting assistance [...]

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