What? My School District May Be Able to Help With Funds?

The objective of this section is to bring awareness in getting funds from an outside source (school district) for residential treatment. By no means is this a sure thing and the burden is on the parent(s) shoulders to get the ball rolling.

When families search for avenues to assist in placing a student in a residential treatment center (RTC) they often forget or do not want to ask their school district for qualified assistance for their student. If the student is on an IEP then it is best to open this resource. If a student is on a Section 504 it would be best to see the advantages of an IEP.

The objective of this section is to give insight and consideration of an avenue that has helped families considering placement or who have already sent their student to an RTC. By no means is this avenue the primary consideration in paying for a program but should be considered if the student had such services provided through their school district.

If the student was on an educational assistance program because they were behind in various subjects (especially math or reading) or they needed special considerations in the classroom because of a behavioral condition (like ADD, ADHD, ODD, Bi-polar, etc) further investigation and review is needed. If a student was above average in their grades but the behavioral conditions warranted special consideration then there is a likelihood that the parent(s) had meetings with the school to determine appropriate avenues. Most important is the student’s evaluations, yearly placement tests and conditions arranged to assist the student.

Does your student have a Section 504 accommodation plan?

School districts may utilize a basic program offered under Section 504 of the American with Disabilities Act (ADA). It was created in 1973. Because the Act has specific rights guaranteeing equal opportunity it has been used for children who have disabilities, but whose disabilities do not interfere with their ability to progress in general education are not eligible for special education services, may qualify to a 504 accommodation plan.

School districts must ensure that students with disabilities have meaningful opportunities to participate in all aspects of school on an equal basis with students without disabilities.

Depending upon the student’s individual needs, a school district may be required to provide the following: specialized instruction, modifications to the curriculum, accommodations in non-academic and extra curricular activities, adaptive equipment or technological devices, an aide (para-professional), assistance with health related needs, school transportation, or other related services and accommodations.

The main point to remember is that there isn’t any state of federal funds to accompany the assistance provided by section 504. All costs are the obligation of the local school.

Does your student have an Independent Educational Program (IEP)?

Though the above section 504 has many similar features to an IEP there is a vast difference in law and responsibilities.

A 504 plan is similar to and IEP in several basic areas: Evaluation, accommodations on standard testing, related services to assist in accessing regular education and appeals made to BSEA. They are different in: no progress reporting, limited discipline protections and no Stay Put.

The 504 is a Civil rights law, under ADA. An IEP falls under IDEA (Individuals with Disabilities Education Act) and is an Educational Law.

The IEP is a written document that’s developed for each public school child who’s eligible for special education. The IEP is created through a team effort and reviewed at least once a year. An IEP says your child needs a “special educational program”, a program that is fundamentally different from the way other children are learning.

Both can technically provide specialized instruction, but because no federal funding accompanies a 504, in practice schools use a 504 only for accommodations, modifications, (not for specialized instruction, related services, etc.). If a child needs those, then an IEP is appropriate. Either one should encompass all of the child’s needs.

Any child covered under IDEA (has an IEP) is automatically under the Section 504 law (but the opposite is not true). IDEA (children with an IEP) offers more rights and protections than a Section 504.

Without getting into the specifics of an IEP, the important elements to help a family obtain funding for a residential treatment center (RTC) through an IEP must have proof that the school district is unable to offer services for the unique needs of the student. If it is shown that the school district is unable to assist then funds might be available for outside placement.

Most parents do not have the knowledge and experience in dealing with IEP teams, the school districts controls, avenues to request alternative placement, information gathering, communication with the school district, testing procedures and analysis of results, appropriate assistance, etc. Many of these families let the school do what they think is appropriate (without knowledge of what the school could ultimately do) and trust the system. Unfortunately, with the lack of knowledge and the limited understanding of the rights, parents allow the school to control the outcome and quality of assistance.

If a parent has a student on an IEP and the student is in need of alternative placement at an RTC then the parent should contact an IEP advocate who is familiar with long term residential assistance.

A qualified IEP advocate will discuss the conditions and evaluate the student’s tests and school records. This process will take hours of work and IEP advocates charge various fees. Star ofLife Foundation has negotiated with some IEP advocates who in turn offer reasonable rates. IEP advocates who understand the needs of outside placement can benefit the communication process with the school district and build a beneficial opportunity for the school and the student.

Be prepared that the school district may wish to argue about providing any funds or accommodations. As IEP advocates are usually not lawyers, they cannot practice law without a license. Effective IEP advocates work in conjunction with educational attorneys that represent families. If resolution cannot be reached up and through early mediation then the family will need to proceed through “due process” hearings with lawyers and an administrative law, hearing officer. Such proceedings are costly for both the family and the school district. Many school districts would rather settle before hand.

Important Follow-up If your child is on a Section 504, get it changed to an IEP if possible. There is funding behind IEP and not behind Section 504.

Our intent is not to make the process become too much for the outcome. The main objective of going after IEP funds is to assist in the long-term education of a child. If the school finds that they are actually saving funds through alternative placement then they will assist. Through our IEP advocates we have seen such resolution and a benefit to the families. For example, let’s say that the educational portion alone in a program is $1500 and the school only picks up on that part, then it’s still a win for the family.

Some of our success stories include families who have been reimbursed for their entire cost of an RTC. We have seen others receive partial funds but of significant amounts.

More importantly, the financial burden can sometimes be eased through this format. If the school district has responsibility to assist, they must be the part of the equation to educate and assist the unique needs of the student.

In writing this article we wish to acknowledge various sources: Wrightslaw, Department of Public Instruction, Schwab Learning, Concord Special Ed, Ed.gov, LDonline, EDLAW, US Department of Education, COPAA, etc. Many additional facts, figures, processes, descriptions, procedures and follow-ups can be obtained from these great resources as well as others.