This question was originally posted on www.avvo.com

Question:

How do I get my Autistic son into an out of district school when the public school continues to ignore a doctor's recommendation?  My son is autistic and I have filed due process last year because of an incident that should not have occurred if he had not been moved to a school that did not have an adequate autism program in place. My son cannot ask questions, still points and moans when he is frustrated. He uses echolalia when talking, which is never in a full sentence. He is 8 years old and still has to wear a overnight pamper because he still doesn't fully understand the concept of going to the bathroom. My son needs one on one therapy, with ABA one on one, a behavioralist needs to be seen at school and at home because of his violent tantrums which are dangerous to himself and others. My son gets none of these services and the school continues to try and convince me otherwise. What do I do now? I'm will file again.

My Answer:

This sounds like a very frustrating situation.  Navigating the special education system can be difficult.  I applaud your determination.

As you certainly now realize, just because your doctor recommends an out-of-district placement for your son doesn't mean the school is required to provide it. 

In order to secure this placement you must establish (1) that the current placement is inappropriate AND (2) that the proposed placement is appropriate.   

The law defines "appropriate" as a place where your child can make "effective educational progress" in the "least restrictive environment."  Each state defines "effective educational progress" differently, so consult your state regulations and case law.  Because an out-of-district placement is less inclusive than your son's current placement, you must also prove that the out-of district placement is the least restrictive environment in which your son can make effective educational progress.

How do you prove your case?  With evidence - evaluations, classroom observations, and testing over time, for example.  I would strongly urge you to consult with a special education attorney before filing a due process request.  Good luck!  If you are in the Boston area, contact The Law Office of Lillian E. Wong today.

Massachusetts General Law chapter 71B section 3 (which became effective on January 8, 2009) grants parents and parent-designated consultants the right to observe their child's current or proposed program.  Observation offers valuable insight into the program, often more valuable than the written description of the program in the draft IEP.  Through observation, parents and their designees can experience first-hand the program's physical environment, the skill and demeanor of classroom personnel, and the types of other students participating in the program.    Through observation parents become more informed about the optimal placement for their child.