[blindkid] location of TVI service delivery

Merry-Noel Chamberlain owinm at yahoo.com
Sun Sep 20 14:12:30 UTC 2009


Hi Leah,
When I was a TVI, I could not visit any school that was not accredited so those student's parents would transport their child to another location for services.. usually it was a nearby accredited school that was part of the district.  However, the school could send in items for Brailling and I could order textbooks in Braille/large print for the student because of where the student lived (within the district).  I could also supply items via the Quota fund. If the student was from outside the district, the home school would contract with our school system for services but it was the same services as stated above.  I could offer assistance via email, as well.  I remember that one particular school was not accredited for the younger grades but was for the high school so I could enter to work with that student when he got to that age.  TVIs can enter a home for services up to preschool because they are on IFSPs and are covered that way.  I 'believe'
 I remember that we could not go into a school that was not accredited or the student's home for services because of insurance reasons.  
 
Now, I teach O&M at a state school so I never go off campus unless I'm working with a student on O&M.
 
Merry-Noel Chamberlain

--- On Fri, 9/18/09, Leah Pratt Roberts <leah at somazen.com> wrote:


From: Leah Pratt Roberts <leah at somazen.com>
Subject: [blindkid] location of TVI service delivery
To: blindkid at nfbnet.org
Cc: leah at somazen.com
Date: Friday, September 18, 2009, 1:34 PM


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.



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