Reply to Charter school placing out due to special needs

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Here's the process:

Someone, either parent or school or both together, makes the decision to consider an outside placement.

A document is written, called a "Justification for Removal" that outlines the reasons why this is being considered.  It includes all different kinds of data.  It is sent off to OSSE along with a packet full of IEPs and work samples and other things.

OSSE has 30 days in which to convene a meeting with the school.  In the interim they usually talk to the parents, visit the child at school, and talk to school professionals.

At the meeting, the OSSE rep asks any clarifying questions they may have, and gives people opportunities to speak about the child.  They then make a "state recommendation" which can be either to place or move.  Usually there have to be very compelling reasons for a child to be moved.  They also offer "training and technical assistance" which is OSSE speak for suggestions on what the school could try.  It's important to note that charter schools have the responsibility to educate any child who can be served in an inclusive environment.  They have a responsibility to set up self contained classrooms if that's what a child needs, or hire dedicated aides, or bring in specialists.  If a child could function in a special education autism class in DCPS they can function in a special education autism class in a charter school and the charter needs to develop one.

The IEP team then considers the OSSE's recommendation and makes a final decision.  They can disagree with a recommendation to place elsewhere, but most schools are hesitant to do so as it comes with increased monitoring etc . . . In addition, the OSSE knows the private placements, and often has good suggestions.  So, frequently if the OSSE says no the school decides to try again.

If the IEP team decides that they've exhausted all options for providing FAPE in the LRE then the OSSE has 10 days to find a placement and move the child there.****

OSSE then pays tuition to the private school, they take the student's allotment to pay for part of it, and eat the cost for the rest.  The charter school continues to be the LEA of record, and school employees attend IEP meetings etc . . . When the new IEP team at the new school decides the child is ready to move they return to the charter, even if it's midyear, even if it's full, even if it's 4th grade and the school doesn't usually accept new 4th graders.

**** This is the trickiest part of the whole thing.  They'll ask you your thoughts on schools as a parent, but if that school doesn't have an opening in 10 days your child won't be placed there.  The only way around this, is to apply before the process or early in the process so you can tell OSSE that a certain school already accepted your child.  However, given that the top private schools generally only accept kids for fall placements, this can get very tricky with timing and deadlines. [/quote]

You seem to know the process very well.  My question is when you say, "OSSE has 10 days to find a placement and move the child there..." can OSSE say that the placement they are offering is in a DCPS (assuming, of course, that OSSE can make the argument that the DCPS they are offering can serve the needs of the child at the LRE level)?

For example, if you figure out in pre-K that your child is autistic, and that the charter school cannot meet his/her needs, can the placement OSSE offers be a DCPS autism program?  [/quote]

I'm the PP you posted and the answer is no.  OSSE will need to offer a nonpublic placement from the following list:

http://osse.dc.gov/sites/default/files/dc/sites/osse/publication/attachments/Approved%20Nonpublic%20%28Day%20Schools%29%20v9.12.2013%5B1%5D.pdf

The parent, at any time, has the right to remove the child from the charter school and enroll in DCPS.  If the IEP says self contained and autism they'd likely be placed in a DCPS autism classroom, but OSSE can't place there.  Similarly, a parent whose child was offered a place at St. Coletta's  could remove their child from the nonpublic and place there, but OSSE can't place there.[/quote]

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