[blindkid] location of TVI service delivery

[Leah Pratt Roberts]

I have a question about the location for the delivery of TVI services.

My son is 4.5 and legally blind with motor disabilities and other  
medical/physical challenges.

In May, we created an IEP for my son with our rural school district.  
In the fall, he would attend the (only) local public school PPCD  
program. The IEP said that for the first six weeks he would attend 2  
hours on Tues, 2 hours on Thurs, with no meals and no school-provided  
transportation. For those six weeks the TVI would be there 100% of the  
time to help him adjust. After six weeks we would reduce the TVI time  
and if medically tolerated, increase the classroom time. He would also  
receive OT, PT, and speech.

Over the summer I learned some new things about his health that led us  
to temporarily discontinue all therapies and to enroll him in a  
private accredited preschool in the city in Austin, TX, two days per  
week for six hours. I notified the school district before the start of  
their school year and the private school year. They did not respond to  
my calls and emails for 3 weeks.

They won't permit the TVI to visit his private school, which has been  
in session for two weeks, until we have another ARD.

We have an ARD scheduled for Thursday Sept 24th. The school district  
so far says that they will not allow any of their staff to deliver  
services off campus. This is in spite of the fact that TVIs in our  
state are itinerant by nature - they do home visits through age 5 and  
they are required to visit daycares through age 3 if requested. The  
TVI and I both believe that the appropriate location for her services  
is at the preschool. The reasons for this are 1) he really needs VI  
related social skills assistance (think core curriculum; his social  
deficits are the main reason I chose this preschool over public  
school) and 2) the TVI needs to be able to help modify their academic  
activities to include Braille and large print (he's a dual media  
learner). The school district does not want to set a precedent for  
delivery of services off campus.

The TVI actually snuck in for an hour on his first day of school and  
helped him tremendously. I heard him later that day at home playing  
and practicing saying "Hi" which he doesn't do and she had apparently  
worked on with him!

I'll paste a copy of the pertinent regulation below, but so far with  
interpretation help from our regional service center, it seems that he  
is entitled to all services even though he is enrolled in private  
school, but the location of the services is unfortunately not spelled  
out.

The TVI lives in the city, so could schedule to see him without too  
much transportation difficulty. Also, she is going on leave in less  
than 8 weeks and he really needs her expertise at this time - both  
with transitioning to school for the first time and because he has a  
good relationship with her, she has the skills to help him socially,  
and she won't be available much longer (we don't know about a  
replacement yet).

I'm not planning to ask for any OT, PT, and speech even though the  
district is offering them, because one of my son's doctors  
specifically told us not to re-start therapies yet when he has  
improved so much by stopping them all.

Any ideas for arguing that TVI services should be delivered at the  
private preschool?

The alternative I know of is another system where he could get  
services from the district where the public school is actually  
located, however the regulations only specify that the services  
delivered in that system must be much less than the child would  
usually get from their home district.

Regulations below. Thanks for any suggestions.

Leah Roberts

§89.1096. Provision of Services for Students Placed by their Parents  
in Private Schools or Facilities.

(portion snipped)

(c)  Parents of an eligible student ages 3 or 4 shall have the right  
to "dual enroll" their student in both the public school and the  
private school beginning on the student's third birthday and  
continuing until the end of the school year in which the student turns  
five or until the student is eligible to attend a district's public  
school kindergarten program, whichever comes first, subject to  
paragraphs (1)-(3) of this subsection. The public school district  
where a student resides is responsible for providing special education  
and related services to a student whose parents choose dual enrollment.

(1)  The student's ARD committee shall develop an individualized  
education program (IEP) designed to provide the student with a FAPE in  
the least restrictive environment appropriate for the student.

(2)  From the IEP, the parent and the district shall determine which  
special education and/or related services will be provided to the  
student and the location where those services will be provided, based  
on the requirements concerning placement in the least restrictive  
environment set forth in 34 CFR, §§300.114-300.120, and the policies  
and procedures of the district.

(3)  For students served under the provisions of this subsection, the  
school district shall be responsible for the employment and  
supervision of the personnel providing the service, providing the  
needed instructional materials, and maintaining pupil accounting  
records. Materials and services provided shall be consistent with  
those provided for students enrolled only in the public school and  
shall remain the property of the school district.

(d)  Parents of an eligible student ages 3 or 4 who decline dual  
enrollment for their student may request a services plan as described  
in 34 CFR, §§300.130-300.144. The public school district where the  
private school is located is responsible for the development of a  
services plan, if the student is designated to receive services under  
34 CFR, §300.132.

====================

Q&As
Dual Enrollment

TAC 89.1096(c)

	• What is a school’s responsibility if a parent requests dual  
enrollment for a child age 3-5?
The school district where a student age 3-5 resides must convene an  
Admission, Review and Dismissal (ARD) meeting in order to determine  
whether the child is eligible for special education and related  
services and, if so, the specific services appropriate for the child.

	• Which school district is responsible for providing special  
education and related services if a parent chooses dual enrollment for  
a child?
The school district where a student age 3-5 resides is responsible for  
providing special education and related services associated with dual  
enrollment if the child’s parent chooses that option. Additional  
information regarding dual enrollment is available on the TEA website  
at http://www.tea.state.tx.us/special.ed/private/.

Services Plan

TAC 89.1096(d)

	• What options other than dual enrollment are available to a  
parentally-placed private school student with a disability?
A parent of a private school student age 3-5 may choose to be  
considered for a services plan or may choose dual enrollment. A  
services plan consists of limited special education and related  
services as determined by representatives of the school district and  
private school. While a parentally-placed private school student with  
a services plan may receive limited services, no parentally-placed  
private school student with a services plan student has a right to  
receive some or all the services the student would receive if enrolled  
in a public school.

	• Which school district is responsible for providing a services plan  
if a parent chooses proportionate share services for a child?
The school district where a private school is located is responsible  
for providing a parentally-placed private school student with a  
services plan if the child’s parent chooses that option and the  
student is designated to receive proportionate share services.

	• What dispute resolution options other than filing a complaint are  
available to parents choosing dual enrollment?
Parents choosing dual enrollment have the option of requesting  
mediation iif there is a dispute regarding the implementation of the  
student’s individualized education program (IEP). Parents of a  
parentally-placed private school student with a services plan may  
request mediation only for issues related to special education  
identification and evaluation. For more information about mediation,  
contact the Division of Legal Services at (512) 463-9720.