Ask any parent. Special education public school placement is the bane of our existence. For example, when my daughter was transitioning from preschool to kindergarten, she was placed in a school in Bellerose, Queens. As I was new to the NYC Department of Education special education process, and did not know my parental rights, I just accepted it and thus began the nightmare of my daughter being on a bus for upwards of two hours each way. Why on earth did the powers that be determine that this was appropriate for a nonverbal autistic five-year-old still wearing pull-ups? Then, when one day, the school bus broke down, and it took over four hours for her to get home—I had enough! I phoned the DOE and demanded that my daughter be transferred to a school in Rockaway. Though I initially visited the school on Beach 135th Street (P256Q@438), I was politely told that the school was full, and she was ultimately placed at P233Q@42 on Beach 66th Street. Recently, a local parent on Rockaway Beach Autism Families Facebook group page brought up a valid question. Why aren’t special education programs zoned as they are for neurotypical students? It’s almost as if our special needs children are being punished for their disabilities with school placements miles away from their homes. Today my daughter is 17, and I’m still fighting, but thankfully more equipped with the knowledge of my parental rights when it comes to the education of my special needs daughter.
Parents, know your rights under the federal IDEA (Individuals with Disabilities Education Act). Knowledge is power, and the more you know, the more you can advocate for your child.
Under IDEA, a parent may accept or reject a proposed school placement. If you want to reject the placement, explain why in writing, keep a copy and send the letter to the person who issued the School Location Letter.
According to veteran family advocate, Aurelia Mack, CEO/founder of Wings of Success for Children with Special & Exceptional Needs Inc., you can firmly state: “Inappropriate placement with one of the reasons being time construct.” Most IEPs (Individualized Education Program) state for example, that the student needs to have limited time travel due to sensory and other unique needs. Mack advised, “Note, watch your wording. Never say, ‘You’re not in agreement,’ but state that the placement is not appropriate due to the child’s sensory and reactionary behaviors.
“The parent doesn’t even have to visit any other school. However, the parent by law needs to then say/testify—why the DOE school placement is inappropriate due to amongst many stressors, the long commute. You have the right to visit any proposed placement, including any change of school. If you don’t think the placement is appropriate, explain to the DOE in writing why and request a new placement. If you disagree with a proposed change, you may request a new IEP meeting, mediation, or an impartial hearing.”
An inappropriate school placement causes a domino effect. An excessively long commute may kick off digressions in toileting, behavioral issues and sensory overload, (which I experienced with my daughter). For example, she would refuse to get on or off the bus, and one incident resulted in her disrobing. So, we had to request a one-to-one bus para, which is an added cost for the DOE.
Federal law specifies limited time travel, which should not exceed one hour. If not already on the IEP, the parent can request limited time travel be added. You can even get a supporting letter from the pediatrician.
In sum, determining a child’s placement must be done each and every year, basing the placement on the child’s IEP, making the placement as close as possible to the child’s home, and placing the child in the school he or she would normally attend if not disabled (unless, as IDEA states, the child’s IEP requires some other arrangement).
Special education and related services under IDEA are tightly connected to principles of individualization and are designed to respond appropriately to the needs of each specific child. Those needs drive the IEP that’s developed for the child—which, in turn, drives the placement decision.
For more info about your parental rights regarding school placement, visit: https://www.schools.nyc.gov/learning/special-education/due-process-impartial-hearings-and-mediation/due-process-rights
Feel free to share your thoughts by emailing: kami@rockawaybeachautismfamilies.org
