Due Process with MCPS

[Anonymous]

Has anyone been through Due Process about a school placement with MCPS? About how long does it take?

My kids dad thinks it’s a good idea to go through Due Process to stall the school placement process, hopefully giving us enough time to have a non-public school accept us (we’ve been waiting over a year already)

I think it’s a dumb idea. We can’t afford a lawyer, and even if we could we’d be highly unlikely to win our case.

So how much time would it buy? A couple months? A whole academic year? What are we talking?

[Anonymous]

The real issue is finding an appropriate placement for your child that has open space, OP. Due process isn’t going to force a seat open.

- fellow parent who has been through the wait for a placement more than once

[Anonymous]

If you just need a month or do, go through mediation. You’ll stall them but not need a lawyer.

But if you are saying that you’ve been approved for a non-public placement for over a year and there’s just not space, I’m not sure any delaying tactic will open up a seat.

You’re in a tough position and I hope it all works out.

[Anonymous]

Yeah. He has magical thinking that we’ll get a spot if we just wait a little longer…

I just want to start figuring out a plan for homeschooling. Because we’re clearly not going to get an appropriate education with the options we’re getting through MCPS.

[Anonymous]

What’s going on with the virtual academy? I thought it was brought back in some way for those who need it medically. If you are going to homeschool anyways, this might be something to look into. If not, there are other virtual programs that you can look into for a curriculum.

I got lucky as my child was going through the process a few years ago when the virtual academy was running (during Covid). It was perfect until we got our placement set.

[Anonymous]

Has mcps agreed to the placement? It's hard to get nonpublics to talk to you without guaranteed funding.

[Anonymous]

Anonymous wrote:What’s going on with the virtual academy? I thought it was brought back in some way for those who need it medically. If you are going to homeschool anyways, this might be something to look into. If not, there are other virtual programs that you can look into for a curriculum.

I got lucky as my child was going through the process a few years ago when the virtual academy was running (during Covid). It was perfect until we got our placement set.

The MVA is gone and not coming back. They have a really crummy minimal online program but it barely gives the kids an education and the home and hospital which is a joke.

Best bet is to force them to find a placement and supplement with a private online program.

[Anonymous]

Anonymous wrote:Has mcps agreed to the placement? It's hard to get nonpublics to talk to you without guaranteed funding.

Yes. We’ve been approved for funding for more than a year. There are just no spots.

[Anonymous]

What are your child’s needs? Does MCPS have any alternative programs? Can you effectively homeschool and if so, why aren’t you?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Has mcps agreed to the placement? It's hard to get nonpublics to talk to you without guaranteed funding.

Yes. We’ve been approved for funding for more than a year. There are just no spots.

Sorry, I'm confused. If you've been approved for funding, then what are you suing for? MCPS already said they will pay. They can't force a school to admit a child.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Has mcps agreed to the placement? It's hard to get nonpublics to talk to you without guaranteed funding.

Yes. We’ve been approved for funding for more than a year. There are just no spots.

They cannot force a private school to accept your child.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Has mcps agreed to the placement? It's hard to get nonpublics to talk to you without guaranteed funding.

Yes. We’ve been approved for funding for more than a year. There are just no spots.

What would due process accomplish? What are you buying time for? What would you be asking mcps to do differently?

[Anonymous]

Anonymous wrote:Yeah. He has magical thinking that we’ll get a spot if we just wait a little longer…

I just want to start figuring out a plan for homeschooling. Because we’re clearly not going to get an appropriate education with the options we’re getting through MCPS.

Can’t you just go ahead and home school?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Yeah. He has magical thinking that we’ll get a spot if we just wait a little longer…

I just want to start figuring out a plan for homeschooling. Because we’re clearly not going to get an appropriate education with the options we’re getting through MCPS.

Can’t you just go ahead and home school?

If they officially withdraw from mcps, the school district is no longer required to provide fape, so they'd lose the offer of funding.

OP, where does mcps think your child will attend school in the fall?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Yeah. He has magical thinking that we’ll get a spot if we just wait a little longer…

I just want to start figuring out a plan for homeschooling. Because we’re clearly not going to get an appropriate education with the options we’re getting through MCPS.

Can’t you just go ahead and home school?

If they officially withdraw from mcps, the school district is no longer required to provide fape, so they'd lose the offer of funding.

OP, where does mcps think your child will attend school in the fall?

Yes but that would only be necessary if MCPS is allowing their child to continue to attend in the school that can’t serve their child. If the child is at home waiting for a placement OP can do whatever she wants in terms of educating their child.