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right of parents to refuse special education services

Submitted by an LD OnLine user on

hi all,

i don’t know if this question belongs in parenting or teaching, but here goes.

my 6 year old has recently been determined eligible for special eduaction services at his public school. he is dyslexic and gifted, per his wisc and woodcock testing. i have lots of experience with and knowledge about dyslexia and am considering providing some intensive remediation on my own instead of utilizing the schools offered pullout services - i do not feel the schools services will be intensive enough (i.e. the right type of instruction at the right intensity at the right time.) i do however want the school to accomodate and modify, as necessary for him at this critical time in his learning to read. i also want to assure some coordination between the private remediation i am considering providing and what the school does during the day.

i have been told (not by the school as i have not approached then with this idea yet) but by an educational advocate and others that i cannot refuse the special ed services if the school has determined him eligible and that they will fight for his special ed placement.

anyone have any ideas, knowledge, clues about this situation. thanks!

Submitted by Anonymous on Wed, 12/18/2002 - 9:12 PM

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My son was in an inclusive class. I felt the environment was too restrictive because they had a two teacher classroom with all the sped kids with the sped teacher. So it wasn’t very inclusive. It was like two classrooms in one class. It was a very discouraging place for him and I felt the curriculum was truely dumbed down more than neccessary.

I fought to get him out of there and he is now in a regular class without accomodations or modifications and doing quite well. I also have done many things to help remediate him outside the classroom.

He still gets OT which has been very helpful.

I thought sped was voluntary but I could be wrong. I believe there is a clause that if his current placement his regular ed they can’t move him against your wishes without taking you to court. The only thing I can say for now is, “Don’t sign anything.”

Submitted by Anonymous on Wed, 12/18/2002 - 10:21 PM

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Annise,

They certainly are unlikely to place your child against your will. That would mean due process and most systems will not want to do that. But it sounds like you want him “placed” (to have an IEP) but you just don’t want pullout services.

My personal opinion in this case is that you should go in and explain that you feel that taking him out of class for pullout services would be detrimental at this time, and while you agree he needs special education, you prefer for the school to provide an IEP for consultation services which will get him the classroom accommodations, and you will provide the remediation privately after school. This is a win-win situation. They get funding for him being in their headcount and you get better remediation for your child. Plus, he is not subjected to the potential teasing or whatever for having to go to special ed. at school.

My system would have no problem with this at all if they felt the parent was serious about getting help for the child. You also have the right to least restrictive environment and what I just told you really is the LRE for your child’s situation. Go for it!

Janis

Submitted by Anonymous on Thu, 12/19/2002 - 12:42 AM

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I have a gifted LD daughter. We chose 15 minute consult only for spec ed b/c I KNEW I could provide private remediation better than what they school could do. I also wrote “Parent refuses all other services at this time” on the IPE. That “at this time” leaves the door open for a change if necessary.

They were NOT pleased about my choices, but my daughter is doing well and to me, that’s all that matters.

Submitted by Anonymous on Thu, 12/19/2002 - 2:20 AM

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First off,I believe what the advocate or others might of been saying is this. The Public school is obligated to provide a Free and Appropriate Education. If you the parent refuses special educational services,then they( the school) would have to file due process in court to provide it. Now honestly how many schools do ya think will go through that? But technically they can be held responsible for a child who was identified and not provided with services. You are not saying no services,you are saying private services. This is your choice.

Secondly,I agree with Janis. I don’t think you are refusing the special educational services,you are disagreeing with services that really hasn’t even been offered yet,if I am getting what you are saying.

The important points to remember,1. The school must consider the least restricitve enviroment for your daughter. Pull out services wouldn’t be this.2. You( the parent) are an EQUAL participent in the IEP or elgibility,(or for that matter at any time when a decision about what your daughter needs) team meeting. This means they CAN NOT make a decision without your input.

And again,I agree with Janis,I believe what you are describing is not unreasonable,and would or will be readily adopted in the IEP meeting.

Submitted by Anonymous on Thu, 12/19/2002 - 12:51 PM

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He is in first grade. I believe you posted his test scores a little further down and they by no means really low. Why don’t you tell them you appreciate the evaluation and that you are going to take steps yourself at this time. Further suggest to them that you would like to keep this open in the event that at the end of this year or in a year, if the gains are not made, you can reconvene. Indeed, that right is assured you.

Yes, the schools are required to provide FAPE. Yes, the have the right to take YOU to a due process hearing if they don’t agree with you. No, they probably won’t like your idea that you know what to do, despite the fact that you DO know what to do. However, IEP teams have the right to make decisions and the IEp team can decide that you should have the opportunity to try your approach. I personally don’t think that agreeing to this is falling short of the law.

You know, I have medical insurance that supposedly covers chiropractic. I, however, use my own private and pay for it because I totally trust her and know her track record. I know this is different, a little, but you should have the right to provide what your child needs on your dime.

Once upon a time this was the American way, parents fed their children breakfast and lunch, took them for all medical issues and obtained private tutoring if they wished. The public schools were there to provide some minimum level and nobody in their right mind would have demanded the school do things the schools are doing today under pressure.

Finally, if you can provide for your child, there is no way the resource teacher can do in a small group what you can do one:one. Go for it and good luck.

What are you going to use?

Submitted by Anonymous on Fri, 12/20/2002 - 2:10 PM

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first, pardon my ignorance, but what does N/T mean?

anitya,

thanks for your input. i am considering taking my child to a lindamood bell clinic, 1-2 hours per day, during his reading time at school.

i have gotten further info on the proposed school services; special ed reading pullout in the afternoon (not during the regualr reading time - so how will this be coordinated i wonder); small group of 5 children with various learning issues; and not much info on what will be used, except that it is “multisensory.”

personally, i need much more info before i can put my child in a reading program for the rest of 1st grade.it is too important (i always think of j. torgesosn and reid lyons words that appropriate reading intervention needs to be for the right children with the right instruction at the right time with the right level of intensity). at this point all we have from the school’s offerings is the right time and the right child.the other two are TOO important.

i am considering lmbell becasue we have had good success using their program with my older dyslexic child; they are close and available and can offer the intensity.

i know there are other excellent programs/methods/etc for early reading intervention, but unfortuneately they are not available to me at this time.

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