[blindkid] blindkid Digest, Vol 98, Issue 1

Chantel Alberhasky chantel at alberhaskylaw.com
Fri Jun 1 21:17:48 UTC 2012


The IDEA is only applicable to public schools.  If it is a private school - doesn't receive public funding and isn't free to the public - it is not required to adhere to the IDEA.  

The question that I think needs to be answered is does the school have to adhere to the ADA.  In other words, if the private school is not a religious entity it may not be able to deny enrollment based upon a child's physical disability under the ADA. 

I would encourage you to consult a lawyer in your state to determine your rights. 

Chantel L. Alberhasky, Esq
419 Boonville Avenue
Springfield, MO 65806
417.865.4444

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________________________________
 From: Cheryl <cherylrenee24 at yahoo.com>
To: "blindkid at nfbnet.org" <blindkid at nfbnet.org> 
Cc: "blindkid at nfbnet.org" <blindkid at nfbnet.org> 
Sent: Friday, June 1, 2012 2:35 PM
Subject: Re: [blindkid] blindkid Digest, Vol 98, Issue 1
 
I have heard there are some court cases out there over this type of thing, I just expected that since our intermediate unit was providing the aide, the assistive technology and e tvi at there should be no reason for them to not accommodate us because the resources were Not funded by them but by our district instead. I guess the common answer to whether or not they follow idea comes from whether or not the school itself accepts any federal funds for reduced school lunches or etc... If they do then they have to follow idea. The district and myself feels that if she has to go to a larger class size that she will not be able to function, and I am definitely afraid that she will shut down..

Cheryl
Sent from my iPad

On Jun 1, 2012, at 1:00 PM, blindkid-request at nfbnet.org wrote:

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> Today's Topics:
> 
>   1. Refusal to school (Cheryl)
>   2. Re: Refusal to school (Jill Fass)
>   3. Re: Refusal to school (Arielle Silverman)
>   4. Re: Refusal to school (Richard Holloway)
> 
> 
> ----------------------------------------------------------------------
> 
> Message: 1
> Date: Thu, 31 May 2012 17:18:36 -0400
> From: Cheryl <cherylrenee24 at yahoo.com>
> To: "blindkid at nfbnet.org" <blindkid at nfbnet.org>
> Subject: [blindkid] Refusal to school
> Message-ID: <87F3673A-2135-4A35-B041-F95AD15A188B at yahoo.com>
> Content-Type: text/plain;    charset=us-ascii
> 
> My daughter was attending a private preschool, they told us she could not attend next fall because they did not have the money to provide her with the appropriate services the intermediate unit and school district had been providig an aide a tvi, and technology. They had refused several times to give us a copy of the lesson plans in order to make accommodations with her materials.
> Cheryl
> 
> Sent from my iPad
> 
> 
> ------------------------------
> 
> Message: 2
> Date: Thu, 31 May 2012 17:28:50 -0400
> From: Jill Fass <jillfass at gmail.com>
> To: "Blind Kid Mailing List,    (for parents of blind children)"
>    <blindkid at nfbnet.org>
> Subject: Re: [blindkid] Refusal to school
> Message-ID:
>    <CAP8sPY5+Qpg+RtQjbDgViHa4o_ujpqNjzE1jGuB9TyDGBW-nrw at mail.gmail.com>
> Content-Type: text/plain; charset=ISO-8859-1
> 
> I thought private schools were not obligated to follow idea
> 
> On 5/31/12, Cheryl <cherylrenee24 at yahoo.com> wrote:
>> My daughter was attending a private preschool, they told us she could not
>> attend next fall because they did not have the money to provide her with the
>> appropriate services the intermediate unit and school district had been
>> providig an aide a tvi, and technology. They had refused several times to
>> give us a copy of the lesson plans in order to make accommodations with her
>> materials.
>> Cheryl
>> 
>> Sent from my iPad
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> ------------------------------
> 
> Message: 3
> Date: Thu, 31 May 2012 16:23:53 -0600
> From: Arielle Silverman <arielle71 at gmail.com>
> To: "Blind Kid Mailing List,    (for parents of blind children)"
>    <blindkid at nfbnet.org>
> Subject: Re: [blindkid] Refusal to school
> Message-ID:
>    <CALAYQJCwc_yQbDC_EG1a2YUiDtYxQTgmWQ9WgaGwY6SKVFbO1w at mail.gmail.com>
> Content-Type: text/plain; charset=ISO-8859-1
> 
> Hi Cheryl,
> It's very sad that that happened but you will probably be better off
> with a public school, anyway. Is there a public preschool she could
> attend?
> Arielle
> 
> On 5/31/12, Jill Fass <jillfass at gmail.com> wrote:
>> I thought private schools were not obligated to follow idea
>> 
>> On 5/31/12, Cheryl <cherylrenee24 at yahoo.com> wrote:
>>> My daughter was attending a private preschool, they told us she could not
>>> attend next fall because they did not have the money to provide her with
>>> the
>>> appropriate services the intermediate unit and school district had been
>>> providig an aide a tvi, and technology. They had refused several times to
>>> give us a copy of the lesson plans in order to make accommodations with
>>> her
>>> materials.
>>> Cheryl
>>> 
>>> Sent from my iPad
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> 
> 
> 
> ------------------------------
> 
> Message: 4
> Date: Thu, 31 May 2012 18:45:10 -0400
> From: Richard Holloway <rholloway at gopbc.org>
> To: "Blind Kid Mailing List,    \(for parents of blind children\)"
>    <blindkid at nfbnet.org>
> Subject: Re: [blindkid] Refusal to school
> Message-ID: <1E813DFB-C24A-4BCB-9DBA-9B20BCE2829E at gopbc.org>
> Content-Type: text/plain; charset=us-ascii
> 
> Unfortunately I think Jill is correct. We had our (blind) daughter in a private school for a couple of years but once Kendra was 5 years old, the county no longer had to provide services in the private setting. Not only that, but despite an outstanding existing relationship because our older daughter (typically sighted) had already gone to the same private school for about 7 years, and no matter that she'd enjoyed great success there, the complexities of dealing with a the needs of a blind child quickly overwhelmed the school's teachers and staff.
> 
> We even looked into the cost to pay for services ourselves to see if we might try to extend our time at the school. The rough figure of $20,000 a year came up (sourced directly, not through the private school) on top of private tuition for the actual school, and even if we had the funds and were willing to spend them that way, as we understood it, they could have "pulled the plug" on their end at will.
> 
> I know this is frustrating, but hopefully you can find a good fit in a public school setting with really good services available. Nothing is likely to work well or "feel right" when you are in a situation where the school believes it is doing you a "favor" to try and accommodate your child.
> 
> Good luck,
> 
> Richard
> 
> 
> 
> On May 31, 2012, at 5:28 PM, Jill Fass wrote:
> 
>> I thought private schools were not obligated to follow idea
>> 
>> On 5/31/12, Cheryl <cherylrenee24 at yahoo.com> wrote:
>>> My daughter was attending a private preschool, they told us she could not
>>> attend next fall because they did not have the money to provide her with the
>>> appropriate services the intermediate unit and school district had been
>>> providig an aide a tvi, and technology. They had refused several times to
>>> give us a copy of the lesson plans in order to make accommodations with her
>>> materials.
>>> Cheryl
>>> 
>>> Sent from my iPad
>>> _______________________________________________
>>> blindkid mailing list
>>> blindkid at nfbnet.org
>>> http://nfbnet.org/mailman/listinfo/blindkid_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for
>>> blindkid:
>>> http://nfbnet.org/mailman/options/blindkid_nfbnet.org/jillfass%40gmail.com
>>> 
>> 
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> End of blindkid Digest, Vol 98, Issue 1
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