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IEP law and private vs. public school


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danegrl January 2, 2009


Hello, I was wondering if anyone has knowledge of what the law is on writing an IEP in wisconsin.  My son was tested by the public school system last year again and received an "IEP meeting" however I was told that because he was going to a private school and not the public school they will not write an IEP plan for him.  They did wonderful testing and were fully involved in the diagnosis so to speak, but would not make nor suggest  how to progress or write an official IEP  plan and goal for the year for him.  


(At the last testing by the public school in a different district when he was just 7, the same testing revealed the same LDs and an IEP was written.)


Just wondered if anyone had more information on public vs. private school IEP law.


Thanks.


amy


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chucknoe January 2, 2009


The IDEA regs on this are at 300.130-144. The publication at http://www.rrfcnetwork.org/images/stories/FRC/IDEA/idea.pdf should be a big help to you.

Good luck. Others should soon respond with more information & experiences in this area.

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vacekd1001 January 2, 2009


Is your son being tuitioned out to a private school. Or are you paying for a private school out of your own pocket? Just wanted to let you know that a private school who is not receiving state funding is not legally obligated to abide by the IEP.

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sharie001 January 2, 2009


The public school district must provide services in private schools including evals. If the private school recieves any public funds, grants, or assistance of any kind (most all do) they are required to accomodate and more depending on the type of school and what assistance they recieve. I would discuss this matter with your local public school district and if still no satisfaction contact your state dept of ed.

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chucknoe January 2, 2009


You need to read the items that I listed, if you placed your child in the private school. While the public school must do child find activities, to get an IEP & services from the public school, you would have to enroll him full-time in the public school.
If an identified child remains in the private school the public school can, but does not have to choose to provide a "service plan" which usually provides much less than an IEP.
What a private school must do with other public funds that it receives is a matter to discuss with that school & the state.

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michellea January 2, 2009


A child does not have to be enrolled in the public school to receive services. However, services are often offered only in the public school setting during school hours. This makes it difficult for a parent to schedule the services and integrate them into the school day.

That said, if your child qualifies for an IEP and if your private school receives public funds of any kind, the child should be protected by section 504 and would qualify for accommodations such as extra time, technology etc. Here is some good info about 504 plans:
http://www.wrightslaw.com/info/sec504.who.protect.htm http://www.wrightslaw.com/advoc/articles/504_IDEA_Rosenfeld.html


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chucknoe January 2, 2009


"A child does not have to be enrolled in the public school to receive services." Yes, a school can elect to do this under what is called a "sevices plan", which is much different from an IEP. 300.137 of the regulations say "No parentally-placed private school child with a disability has an individual right to receive some or all of the special education & related services that the child would receive if enrolled in a public school." This is referring to services from the public school.

This is a very confusing area for parents & schools, so it is best to read the document I listed & check with your state. It is even more confusing, if the private school is within a different district than he lives in.

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danegrl January 2, 2009


Thank you everyone, what a great reply, I am soo thankful, I wanted to clarify, my son does have a limited "resource" help in the private school he attends in a smaller reading class and a small study hall, the teacher is not a "special ed" teacher, just a nice woman with a teaching degree. The school is quite open to any accommodation's I suggest_and I have researched hours on what they could and should be :), however I don't know what is appropriate to ask for for his age, he has the standard longer testing times, typed work, books on tape, shorter spelling lists, modified length of homework, -- the private school is very accommodating to these things But I feel like the organizer of his education and that is a lot to be responsible for especially since I am just a mom!! What I was looking to have a "qualified" person help to write an education plan on a regular basis to be sure we are keeping up and not hindering his learning either by to much accommodation or not enough. I do pay out of pocket for his education at a private school to answer that , and I do not think they receive state funds, however I will check more on that. I am also going to look over the document suggested which seems full of golden nuggets of help. but anymore suggestions are very welcome.
Thank you soo much for all of the responses so far.
amy

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vacekd1001 January 3, 2009


What is your child`s educational diagnoses? Does he have any medical problems?
How is your childs grades in school? How long does it take for him to finish his homework?



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