Negotiation with district to obtain IEEs, appropriate placement, IEP amendments, and comp. ed.

JV is a 14-year-old 9th-grader who has been diagnosed with ADHD. His IEP places him in general education with in-class resource support for academic subjects. JV's grandmother and legal guardian, FN, recently learned that he is in danger of failing all his classes. JV's IEP does not refer to any evaluations and FN isn't aware that any have been done. His IEP also contains no goals or objectives. JV was recently diagnosed with autism, but FN does not believe any autism assessment was conducted, and JV's classification (Specific Learning Disability) and program did not change. FN is seeking appropriate IEEs, placement (either in- or out-of-district), transition services or supports, and goals and objectives in the IEP, as well as compensatory education.

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Negotiation at IEP meeting to obtain evaluations and out-of-district placement

KM is a 4-year-old preschool student who has been diagnosed with autism. His doctor recommended an intensive ABA-based program, but the district does not offer such a program and instead, in December, recommended a typical preschool disabled class. KM's mother, FM, was concerned that such a class would have poor behavior role models for her son and not otherwise meet his needs. She filed for mediation, and the district agreed to let her explore in-district options in April and May, and to reconvene the IEP team in June to decide placement for the 2019-20 school year. FM is seeking evaluations of KM and representation at the June IEP meeting to obtain an out-of-district program that offers ABA.

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Representation at settlement conference to request OOD placement, additional services, IEEs, and possible comp ed.

DW is a 16-year-old 11th-grader who has been diagnosed with autism and has severe cognitive and communication deficits. He is currently in a self-contained class for students with moderate intellectual disabilities with an aide, receiving twice-weekly group speech-language (SL) services. His program and goals focus more on academics than skills or behavior; there is only one transition-related goal, and it involves simply making a list of jobs in the community. DW’s mother, NW, requested IEEs last year, but those that were completed were insufficient and lack recommendations. NW did obtain a private psychological evaluation which recommends an out-of-district autism school and emphasizes that DW needs more vocational/life skills training and SL and OT services. NW filed for due process and adjourned her April 4 settlement conference; she is waiting on a new date. She seeks an out-of-district placement for her son in a school for students with autism, OT and additional individual SL therapy, IEEs including an FBA, appropriate transition services, and compensatory education if warranted.

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Representation at the settlement conference and possibly at the due process hearing, if settlement cannot be reached. May 2, 2019 Settlement Conference . Parent is Spanish-speaking.

S.C. is a 6-year-old first grader who has been diagnosed with an autism spectrum disorder and mixed receptive-expressive language disorder. She becomes frustrated by her difficulty in communicating and engages in maladaptive behaviors. At an IEP meeting in December 2018 at which the parent was accompanied by a non-attorney advocate, the district proposed an IEP that had only group counseling once a month for 20 minutes and did not include an extended school year (ESY) program. The parent requested weekly social skills instruction/counseling and ESY, which SC had and benefitted from last year. The parent also requested independent evaluations at the district's expense in speech-language and a functional behavioral assessment. The district refused and the parent filed a petition for mediation-only on December 21st, thereby invoking stay-put. Mediation was unsuccessful, and at the end of it, the parent submitted a written request to convert the mediation-only petition to one for due process. The case was transmitted to the OAL for a settlement conference that was adjourned because the district's attorney was not available. The Settlement Conference is now scheduled for May 2, 2019. The parent is seeking representation at the Settlement Conference, and if the matter cannot be settled, at the due process hearing. The parent is Spanish-speaking only.

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Negotiation with the school district to obtain out-of-district placement and representation at a due process hearing or mediation if the district continues to deny an out-of-district placement.

LHG is a 7-year-old boy who is in kindergarten. He has a diagnosis of autism, ADHD and behavioral issues. Throughout pre-k, LHG was in an ABA program through LEAP (he had an extra year in pre-k). However, coming into kindergarten, he started to have problems. The school district did not have an ABA program that was appropriate for him. He was placed in a general education class. Although there is an inclusion teacher that comes into the class, she only comes in a few times per week. The parent obtained an independent evaluation, which was completed at the end of January 2019. The evaluation recommends that LHG needs a specialized ABA program. The parent has recently submitted the report, but the district has not been willing to consider an out-of-district for LHG. The parent is seeking an out-of-district placement for LHG in a school with a specialized ABA program. There is no pending litigation, although the parent is interested in filing for mediation or due process if the district continues to deny an out-of-district placement.

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