Four hours a week of school during the summer for a 4 year old autistic child is NOT sufficient. Understandably the parents sought another solution. But the parents did not NOTIFY the school when they sought private school solution. See below story. Lesson to be learned: put it in writing. give sufficient notice before seeking other solutions. How much time sufficient notice? Enough to get the accounting department to operate — so 30 days should be sufficient notice.
Parents of autistic boy got only $2,957 compared to 20 K they sought
BY SADIA LATIFI,
“A state review officer awarded partial reimbursement to an Orange County family who enrolled their 4-year-old special-needs son in a private preschool.
“Both parents and the Orange County Schools system made procedural errors in providing services for Owen McWhirter, who has autism, according to review officer Joe Walters.
“The school system’s errors deprived Owen of educational services for months, the decision said. Because of this, they failed to provide him with the “free, appropriate public education” required by law.
The school system did provide an adequate Individualized Education Program for Owen at the time, however, according to the decision.
Families work with the school district to create an IEP. While Owen’s IEP team agreed on goals last summer, the family thought the services prescribed — about four hours a week of special instruction — were inadequate.
“When the family and school reached an impasse, Owen’s parents enrolled him in a private preschool that let him have specialists on hand. Even after they enrolled him, they continued to request services from Orange County and filed for due process last fall.
Owen’s parents, Nicole and Arran McWhirter, took the matter to an administrative court in Raleigh where a state judge agreed.
The original decision, which the school system appealed, said the school system should reimburse the McWhirters for their educational expenses.
The new decision awards the McWhirters $2,956.60, which is about $20,000 less than the reimbursement they sought. Review officer Walters said this was partly because the McWhirters failed to give the school system adequate prior notice when they enrolled Owen in a private preschool.
The school district and the McWhirters now have 30 days to file an appeal in state or federal court.
Note the legal time both sides have to file an appeal: 30 days. Had the parents given the school district 30 days more than likely award would have been larger.
Cameron Jackson cameronjacks@gmail.com 831 688-6002
sadia.latifi@newsobserver.com or 919-932-2002
