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Old 03-02-2014, 06:51 AM   #16
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Quote:
Originally Posted by Paging Tom Morrow View Post
If I wanted my child to go there, I wouldn't file a 504 plan or IEP until after he/she had completed their first day of school. If they refused the service at that point, it would make for a very interesting ADA case.
But then you'd have had a child in need of services for 9 years without an ed plan - not a good decision for that child. If the child already has an IEP or 504, you can't just hang back and not give it to the school until the second day. They will know it already exists because records have to come before the student gets officially enrolled.
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Old 03-05-2014, 05:48 PM   #17
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Choice schools are still relatively new here and they keep changing the rules. I work for a "Choice School" in our state and unfortunately, the way NJ has the application process worded, it is legal to deny admission to students with IEPs BUT only if the school shows it either doesn't have a program for that student's needs or if it would be an exceptional financial expense to provide services. They can't deny just on the basis of having an IEP or even a disciplinary issue/history. Sending districts don't pay tuition to us anymore, the state $ follows the student. Whatever the per student aid that NJ pays to the home district is sent to the school the student attends instead of where they live. For example, my ASD son would probably not be accepted at my school because he requires a 1:1 aide so it's considered an exceptional burden. If I waived the aide, it would be a different story, but I won't.
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Old 03-06-2014, 07:24 AM   #18
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This is very concerning as this may be a continuing trend. Understandable on both ends it is very expensive to educate any child and more with a child with a disability. It is sad to know that not all children will be afforded the right to be educated in a school of choice in these communities. We struggle in My area with underfunded Sped Ed departments and school systems not fully equipped to serve all children with disabilities. It concerns me as a grandparent that my grandchild will not be prepared for life after school.
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Old 03-30-2014, 01:01 PM   #19
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I have no family or friends with kids currently living in the state of Maine. However, I am absolutely fascinated by this situation, considering the state law in place.

Please, please OP,keep us posted on how it plays out!
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Old 04-10-2014, 05:35 PM   #20
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I'd be interested to hear what you learn... I also live in Maine and am in a K-8 town with no high school... we were a choice town until the RSU (regional school unit) movement... Now we are in a situation where the only town in our RSU with a high school is negotiating withdrawal. If that happens we need a 10 year contract with a high school, but could end up with a couple of options... I guess I would want to make sure that our contract does make it so the towns cannot exclude anyone based on having an IEP/504 plan... Actually, I'm surprised after the RSU's began that there are still towns with high school choice. We won't be allowed to return to full high school choice like we had in the past, but a lot of us want our kids to all stay together for high school anyway and just hope we contract with a good one!
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Old 05-04-2014, 09:34 PM   #21
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http://www.drcme.org/

the link above is to Maine's Disability Rights Center.

I work with families as an advocate herein my home state of Oklahoma. Our Disability Law Center is funded federally and there is one in each state. Theywork at no charge for the consumer. On my cases that require a legal aspect, and legal advice, I connect them with our DLC. Here is the Maine toll free number to their office. They will know the legality of your question.
1-800-452-1948.
Good luck!!
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Old 05-05-2014, 05:14 PM   #22
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Quote:
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Here's how it works in Michigan, where we have a lot of school of choice:

1. If the receiving district decides to be a tuition district, in which the parents pay fees, then they can pick and choose which students they want.

2. If the receiving district accepts state money, then they CANNOT discriminate due to race, sex, disability, etc.

So what you are describing would be illegal here.
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Originally Posted by Paging Tom Morrow View Post
If I wanted my child to go there, I wouldn't file a 504 plan or IEP until after he/she had completed their first day of school. If they refused the service at that point, it would make for a very interesting ADA case.
It's all playing out slowly. The town where I work was in an RSU with another small town (only having a K-8) school and the town where I live (which is refusing IEP/504 students) but the RSU disintegrated after 3 years. During the time of the RSU, we still had school choice because the only town with a high school- where I live- didn't have space for all the high school students from the 3 towns in the RSU.

I know several parents who have decided to NOT renew their student's 504 plan for the upcoming year, so they can go to high school in my hometown. Parents with kids on IEPs aren't really able to do this, and are still searching for alternatives. None of the options are really good; the best of the bunch will involve an hour-long bus ride on either end of the day. We shall see what happens over the next several months. I just hope "my" kids end up in beneficial situations.
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Old 05-27-2014, 07:27 PM   #23
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I thought parents could refuse sections of IEPs?
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Old 05-27-2014, 07:49 PM   #24
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Not familiar with any of this but does receiving federal funds factor in at all? I know people whose son had a teacher that made a comment about his IEP to another class. The mother called the Dept of Education in DC and was told the school (private) could lose their federal grants over this. I know it's a different set of circumstances but I'm curious.
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Old 05-28-2014, 04:55 AM   #25
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Here is a dear colleague letter published a couple of weeks ago from OCR which should help in may of these situation's.

While it is focused on public charter school admissions it applies to all public schools

http://www2.ed.gov/about/offices/lis...05-charter.pdf

Worth reading for its content and for the indication that additional letters or guidance is forthcoming in conjunction with OSEP
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Old 05-28-2014, 05:41 AM   #26
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I can see the point of view of the schools; it's an expense that they would have to pass on to the taxpayers-- for educating the kids from a neighborhing community.

I think the ball should be in the court of the community in which the IEP kids reside-- how are THEY going to find a way to educate these kids? Why are those kids-- and all the non-IEP kids-- being shipped elsewhere for an education?

I can't imagine refusing an IEP for my child if he/she needed one.
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Old 05-28-2014, 05:58 PM   #27
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The home school district has the legal obligation to provide FAPE so they also have the obligation to fund that provision, not the receiving school district.
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Old 07-26-2014, 10:45 AM   #28
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The home school district has the legal obligation to provide FAPE so they also have the obligation to fund that provision, not the receiving school district.
True. I am not sure it would be considered appropriate for the home district to only offer an education for IEP students that is an hour or more drive away from their own district, while non-IEP students get bused to a much closer school. Unfair yes, illegal...I am not sure.
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Old 07-27-2014, 04:32 AM   #29
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It so done is D, E, and F settings due to the specialized nature, but that is being questioned where is separates families not in non judicial placements.

I the OPs case it sounded like all high school students were being educated in by another district.
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Old 07-27-2014, 09:26 PM   #30
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... I the OPs case it sounded like all high school students were being educated in by another district.
That's my understanding as well. There are several such communities in my area. The local community has a K-8 school, but no high school in the community and not part of a union district for high school. Families in these communities are allowed "choice" of high schools -- and the local community's school budget (sending district) will include full tuition to send those students to whichever high school the family desires (receiving district). However, as you pointed out in a previous post, it is the home or sending district that is responsible for FAPE, not the receiving district. Sounds like the receiving district in OP's situation will not take on additional expense to accept special education students from outside that district. As OP indicated, many families choose to live in such communities because they wish to send their high school students to a district with much higher taxes, without directly paying that higher level tax.
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