Suing for Private Placement -is there no income cap?

[Anonymous]

Anonymous wrote:

Anonymous wrote:We have a private placement and know several other families who do. When you get a placement it's because the school system is unable to educate your child in an appropriate setting. It has nothing to do with severity of need as many public systems do have programs for children who are gravely impaired. You need to educate yourself on FAPE. Our finances have nothing to do with our placement. I also resent the tone of your post which seems to imply somehow we are getting away with something. If we have any kind of advantage it is not financial it is that I have devoted myself to "fixing" my kid and as such spend ridiculous amounts of time learning about special education and people and programs who might help him including an advocate and a lawyer. I am happy where we have ended up for the moment but no private is perfect and there aren't many choices. If we had not agreed to our current placement I'm really not sure where else we would have gone.

Finances do have a lot to do with placement as you could afford to hire an advocate and attorney which many families cannot afford.

When taxpayer money is used to pay for things, you then open yourself up to further scrutiny. When the person has financial means and others who do not go without, yes, it exacerbates things. All of us are moving mountains for our kids. You are no more entitled than someone who does not have the means to fight the system and their kid deserves a good education too. Most of these cases are lost and I assume it's the most expensive lawyers who win.

[Anonymous]

Hardly. These arrangements are confidential unless the parent chooses to share. Sorry you are so jealous.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:We have a private placement and know several other families who do. When you get a placement it's because the school system is unable to educate your child in an appropriate setting. It has nothing to do with severity of need as many public systems do have programs for children who are gravely impaired. You need to educate yourself on FAPE. Our finances have nothing to do with our placement. I also resent the tone of your post which seems to imply somehow we are getting away with something. If we have any kind of advantage it is not financial it is that I have devoted myself to "fixing" my kid and as such spend ridiculous amounts of time learning about special education and people and programs who might help him including an advocate and a lawyer. I am happy where we have ended up for the moment but no private is perfect and there aren't many choices. If we had not agreed to our current placement I'm really not sure where else we would have gone.

Finances do have a lot to do with placement as you could afford to hire an advocate and attorney which many families cannot afford.

When taxpayer money is used to pay for things, you then open yourself up to further scrutiny. When the person has financial means and others who do not go without, yes, it exacerbates things. All of us are moving mountains for our kids. You are no more entitled than someone who does not have the means to fight the system and their kid deserves a good education too. Most of these cases are lost and I assume it's the most expensive lawyers who win.

That is not a problem with the parent; that is a problem with the system.

[Anonymous]

I agree. The problem is with the system... children should not have to fail out of multiple placements, fail to learn how to read for multiple years or have their physical or mental health compromised in public settings before they can access a better fit outside of the system.

OP -- do you even have a child who may qualify for private placement at public expense? If you don't have money for a lawyer, other posters have given some resources that you could use. You also need to be very involved and document every single thing going on in the school. Even parents with money often fail to secure private placements at public expense. It often takes years of suffering and dogged pursuit for parents to get that placement.

And typically these parents are paying a TON of money on private treatments -- eating into their savings, retirement and future security. I know bc I paid for private out of my own funds. it was a sacrifice that we made for our child, but to an outside person, perhaps it looked like we were rolling in money. Not at all... sacrifice all around. We were lucky to be able to do it... but it hurt.

[Anonymous]

Does the public school ever pay private school tuition without a fight? If they have private schools that fully funded by public schools, then if a kid needs a smaller teacher student ratio and more counseling and psychological services each day than the school can handle, do they offer one of these schools?

[Anonymous]

Anonymous wrote:Does the public school ever pay private school tuition without a fight? If they have private schools that fully funded by public schools, then if a kid needs a smaller teacher student ratio and more counseling and psychological services each day than the school can handle, do they offer one of these schools?

Very rarely and its usually when the system and teachers have given up on a child and don't want to deal with them anymore.

[Anonymous]

Anonymous wrote:Hardly. These arrangements are confidential unless the parent chooses to share. Sorry you are so jealous.

When you choose to fight it, its not all confidential. In some cases the results are posted online but the kids initials are used instead of names.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Hardly. These arrangements are confidential unless the parent chooses to share. Sorry you are so jealous.

When you choose to fight it, its not all confidential. In some cases the results are posted online but the kids initials are used instead of names.

I assumed this too. All court cases are searchable, right (?) but they protect minors (as well they should). I assume the names of the parents do appear since/if they are over 18? I assume lawyers also muse these past court cases when preparing their arguments?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Hardly. These arrangements are confidential unless the parent chooses to share. Sorry you are so jealous.

When you choose to fight it, its not all confidential. In some cases the results are posted online but the kids initials are used instead of names.

I assumed this too. All court cases are searchable, right (?) but they protect minors (as well they should). I assume the names of the parents do appear since/if they are over 18? I assume lawyers also muse these past court cases when preparing their arguments?

They are searchable and if you know the child its very easy to figure out.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Does the public school ever pay private school tuition without a fight? If they have private schools that fully funded by public schools, then if a kid needs a smaller teacher student ratio and more counseling and psychological services each day than the school can handle, do they offer one of these schools?

Very rarely and its usually when the system and teachers have given up on a child and don't want to deal with them anymore.

This was the case for us. The school really dropped the ball on my kid. I did have to pay out of pocket 5K for an advocate; but no lawyer. We went to county placement and the school had their hands in the air. They failed my kid and my family,, but we got non-public placement (It's not "private" by the way; that's a different can of worms).

[Anonymous]

The rich can afford good lawyers.

[Anonymous]

You need to distinguish between suing and having legal representation. In our case the school system agreed there was no suitable public placement and referred us out at a central IEP meeting. There was no fight. I know others who have received placement this way. In this case proceedings are absolutely confidential and legal costs are low or nil. I also know people who had to fight tooth and nail to get what they needed.

[Anonymous]

I know families in DC and MoCo who got private placements without hiring lawyers, but then I also know folks who had to sue to get a private placement. Families in both categories had kids with level 2+ ASD and/or other severe needs. It really depends on the child's needs, the school district's programs, and the parents' level of savvy/aggressiveness. It also seems that the more disruptive the child is, the more quickly the school district will agree to a public placement.

[Anonymous]

Anonymous wrote:I know families in DC and MoCo who got private placements without hiring lawyers, but then I also know folks who had to sue to get a private placement. Families in both categories had kids with level 2+ ASD and/or other severe needs. It really depends on the child's needs, the school district's programs, and the parents' level of savvy/aggressiveness. It also seems that the more disruptive the child is, the more quickly the school district will agree to a public placement.

You mean the more quickly the district will agree to a PRIVATE placement.
Yes. If your kid is not learning anything but is quiet, nothing will happen.
I know families who went through the AJE route, but nothing was done as the kids were not disruptive.
You need a really good lawyer.

[Anonymous]

Anonymous wrote:We have a private placement and know several other families who do. When you get a placement it's because the school system is unable to educate your child in an appropriate setting. It has nothing to do with severity of need as many public systems do have programs for children who are gravely impaired. You need to educate yourself on FAPE. Our finances have nothing to do with our placement. I also resent the tone of your post which seems to imply somehow we are getting away with something. If we have any kind of advantage it is not financial it is that I have devoted myself to "fixing" my kid and as such spend ridiculous amounts of time learning about special education and people and programs who might help him including an advocate and a lawyer. I am happy where we have ended up for the moment but no private is perfect and there aren't many choices. If we had not agreed to our current placement I'm really not sure where else we would have gone.

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