TLS EXCLUSIVE: Parents of special education students can seek reimbursement from school districts for private educational placements whether or not the student tried public school first, the Supreme Court ruled Monday. The true winners of Monday's decision are children with what one might call hidden disabilities - social, emotional, and learning needs that are often less apparent than some visual, auditory, ambulatory, or intellectual challenges. Also among the winners in this decision are children with ADHD, bipolar disorder, Asperger’s syndrome, and other challenges that compromise their ability to progress in school.But the reality in Lakewood is often more difficult. Many parents are reluctant to use out-of-district programs because the up-front costs of private programs are often out of reach to most parents. Even if they ultimately win reimbursement, as in the case of T.A., they still have to take the risk of advancing the money, and hiring an attorney to battle for reimbursement. Yet for some lucky parents, there is no risk at all. The Lakewood district mysteriously approves out of district placement for their children. Which children and which schools win district approval for out-of-district placement, and why, remains a closely guarded secret. There are no published criteria. There are no published guidelines. There is no pattern, no rhyme, no reason. Sadly, it appears like a game of Russian roulette, with the lives of our children. What percentage of the nonpublic students who are entitled to out-of-district placement, actually get approved? Two percent? Five percent? What about all the others? Try as hard as you can, you will not get any answer from the district. WHY? Where is all the money going?Who is pulling the trigger? And how many children are blown away each year? (Click here for the full TLS article.)
Thursday, June 25, 2009
TLS EXCLUSIVE: Supreme Court Decision Favoring Private School Reimbursement: The Lakewood Reality
TLS EXCLUSIVE: Parents of special education students can seek reimbursement from school districts for private educational placements whether or not the student tried public school first, the Supreme Court ruled Monday. The true winners of Monday's decision are children with what one might call hidden disabilities - social, emotional, and learning needs that are often less apparent than some visual, auditory, ambulatory, or intellectual challenges. Also among the winners in this decision are children with ADHD, bipolar disorder, Asperger’s syndrome, and other challenges that compromise their ability to progress in school.But the reality in Lakewood is often more difficult. Many parents are reluctant to use out-of-district programs because the up-front costs of private programs are often out of reach to most parents. Even if they ultimately win reimbursement, as in the case of T.A., they still have to take the risk of advancing the money, and hiring an attorney to battle for reimbursement. Yet for some lucky parents, there is no risk at all. The Lakewood district mysteriously approves out of district placement for their children. Which children and which schools win district approval for out-of-district placement, and why, remains a closely guarded secret. There are no published criteria. There are no published guidelines. There is no pattern, no rhyme, no reason. Sadly, it appears like a game of Russian roulette, with the lives of our children. What percentage of the nonpublic students who are entitled to out-of-district placement, actually get approved? Two percent? Five percent? What about all the others? Try as hard as you can, you will not get any answer from the district. WHY? Where is all the money going?Who is pulling the trigger? And how many children are blown away each year? (Click here for the full TLS article.)
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39 comments:
The answer is simple. If you want the funding, you need an attorney to help you navigate the process. I used Aaron Tyk and had no problem with getting the yeshiva tuition paid.
in lakewood we should NOT need the court to help us get services for our children!! where our our LAkewood VAAD?????
The answer to lakewoods issues is that any placement that lakewood BOE attorney MI can get kickbacks from will be done. That's why so many kids are places in tiny tots at four times the cost and catpult learing center gets all the contracts , as it is already known that they triple bill. For the very same reason people are having trouble getting into SCHI , because SHCI isn't willing to play the MI kickback game. As soon as MI is illiminated this madness will stop.
What took TLS 3 days to post this??
You gotta tell your source for these things to be more on top of the game!
Wherever you live the parents have to advocate on behalf of their children. My child got placed in public school here in Lakewood. I spent countless days and evenings going over records (all are public records available with some intensive google searches) to find what will convince the school district otherwise. After a few months I was able to make a case that the public school placement is inappropiate for him. Within 24 hours he had a private placement.
My friend recently had a similar situation and was able to prove that the public school setting was inappropiate.
The bottom line is not to blame anybody. The rules which were clear up to the ruling recently went like this. Public school placement is first choice unless you can make a case that it is inappropiate. Inappropiate does not mean for religous reasons, inappropiate means educationally or physically inappropiate.
Now I am sure by the end of the day you will have a whole bunch of people railing against MI. If MI allowed every child requesting a private placement to get it, there would be no SCHI anymore. The rules are the rules. Parents be your kids best advocate, fight and fight, eventually if you are correct you will win. However there are those that do not deserve the private placement and will not get it no matter how many blogs they write to.
Can someone give me contact information for Aaron Tyk? Does he have an office in Lakewood?
to EMES
the lakewood public school system and many other BOE cannot offer many services and placements that special needs children need. the only differnce is that others school boards will admit it and place your child in the approriate out of district placement if you can prove that that cannot offer an FAPE ( fair and appropriate education) . In lakewood even if you prove that they cannot offer you a FAPE , you will be placed in public sholl unless MI can get some sort of kickback from your placement. unfortunatly 99% of all parents are being fooled by him and believe he cares about them while all he cares about is how much money he can get . he is a professional swindler and very charismatic and covers himself very well. unfortunatly all his genavos will not be known until after you see his picture on front of the APP being lead out by the FBI with handcuffs on. the askonim in lakewood need to work up the courage to stop him before this chillul hashem happens.
your comment about SCHI couldnt be farther from the truth. for many many children SCHI is the only FAPE in lakewood , an maybe even in all of ocean co. this would give the parants the right to put their child in SCHI even if the BOE placed the child in public school and then turn around and sue the BOE to cover the cost. it would be the greatest thing for SCHI as they would be able to sue the BOE for all the children that are in SCHI that the BOE is not paying for.
i think every parent who has a kid in private school and is getting pushed around by MI should sue now for reimbursemnet . the best case is for each group disability to do a class action because the BOE does not have the facilities to cover the private school children as they outnumber the public school children 4:1 . a few of this lawsuits and the problems will start getting solved.
this ruling is the greatest thing for the frum community . it means that any child who is in a private placement that is appropriate and just needs services can now stay in thier placement. the can sue for their services from their private school as long as the can prove that the public shool placement or services are not appropriate.
the only question is will the owners of the mosdos really care for the children and allow them to go through with this or will the not be omed benisaion and fall for MIs bribery ( vehamavin yavin ) and help MI , by stopping the parants from suing for their children while they are in their yeshiva.
1105 -
You are totally quacked.
To 11:05
Your accusations are baseless and I will let the public decide whether I said the Emes or you.
What kickbacks is mi getting and everyone stop bring stories with there niebors and friends that are not true mi is not the one who decides your case mananger does so stop the blogs and dont even try to sue boe we wont win
11:13 you obviously dont know what is going on and dont have a child who was played around with by MI
to anon 10:20
IF THE VAAD REALLY CARED ABOUT THESE CHILDREN THEY WOULD FILE A CLASS ACTION TOMMORROW FOR ALL CHILDREN CURRENTLY IN PRIVATE SCHOOL.
IN BROOKLYN THERE IS A LAYWER WHO FILES THIS CASE AND WINS ALMOST ALL THE TIME. HE USES THE BASIS THAT ONCE A CHILD IS SET IN A SCHOOL IT IS NOT FAIR TO DISPRUTE HIS PROGRAM AND MOVE HIM.
THIS IS THE CHALLANGE FOR THE VAAD AND AGUDA TO SEE IF THEY REALLY CARE AND USE THIS SUPREME COURT DECISION TO ADVOCATE FOR THESE CHILDREN . IF NOT IT WILL BE CLEAR PROOF THAT THEY ARE FULL OF IT.
to emes
yes up until this ruling you are correct , the rules were clear. well now the rules are clearly changed . lets see what happens
to 11:19
the case managers are just MIs puppets . he has told that to many people himself. also if someone challanges there IEP he then gets to decide what to do.
about the kickbacks if you really want them here many people can verify them. Ask anybody who really knoes anything about what is going on and you will see.
Dear Editor,
Based on the story you printed,what is available for parents who have a self contained classroom student ?
to 11:19
i have heard that MI lovingly calls the yidden who are the case managers his "morranos" .
the sad part is that his morronos are not helping the kehilla one bit and for their 50K a year salary they are helping MI steal millions from children that need it.
to anon 12:06
yes it means that if your child is in a self contained class and you feel that the education in the public school is not fair or appropriate for your child for any reason you can now sue the BOE to cover the expenses, without placing your child in public school.
get a good lawyer and have the whole class file a class action or even better get all the people from the self contained classes together to file a class action.
there are many claims you can use to prove that a placement was FAPE.
WOW this is amazing i was denied by MI and the lakewood BOE a proper placement for my daughter a few years ago ( he placed her in public school without services and she was already in a private school)and i placed her in a private school and all expenses are comming out of my pocket.
now i am going to definatly consider suing the BOE .
my quesstion is that for the first 2-3 years my expenses were high and now they are lower. can i sue the BOE now to cover the back money that i already spent?
does anybody know?
does anyone have a copy of the ruling and the info about the case?
the oilem should get off MIs case about the money he steals. he gives a lot of tzedaka from that money . would you rather have a goishe BOE lawyer who didnt give masser from the money he got kicked back ?????
I think every kid who is now in a private school should fight and sue. In NYC there is a lawyer who fights in many cases that moving a child that is in a system that he is doing well in his placement ,is not fair and appropriate.
this is also going to mean that you can decide which outsourced program to use for their children and you wont have to use the crooks at catapult who are kicking millions back to MI
to all those planning to sue. guess what is going to happen when we finally have a law that will allow us to place children in yishisha mosdos and get serviced there?
thats right the big tzaddik MI will be the one fighting you .
just for all you people who are blindind by MI and all the MI shik yingalech . after this ruling any BOE can cover any child , any service no matter where he is placed, denying even one child will prove what a Rosha MI really is.
You guys are all wrong about this. MI is very happy about this ruling. now he can bill everything to the BOE and get kicked back much more of the IDEA and title 1 from his good friends at Catapult. MI and catapult have been double billing for years and now they will just have another address to triple bill . in case you dont believe it you can ask anyone who was working as a therapist for catapult a few years back who was told that by those liars that R Forshiemer said it was ok to falsify billing documents.
When writing a blog please express yourself clearly some of you dont express clear enough i cant read minds or sometimes i could because alot of you are making up stories about mi with no proof
This is out of control STOP making up stories from the past that never happened it seems that ever person has another story about mi
to anon 1:39
if proof was posted you would be screaming moiser.
to anon 1:42
DUHHHHH
maybe it is because every other person had a story with MI ????
well its probaly better to be a moiser then make up stories isnt this whole blog thing supposed to help us someone bring proof
Does anyone know were i can google this new law
Where is Aaron Tyk when we need him?
He does a great job in New York for heimishe kids. take it from soeone that knows.
to anon 1:54
who is making up stories??
thety only claim you have is that proof is not being posted. no one has ever been able to disprove any of the stories.
besides who made you a posek to give a heter to be moiser ?
So they're hiding behind mesira, thereby admitting they're stealing, Very Interesting.
Do other types of child abusers also have this 'shield'?
Rav Elyashiv paskened NO.
That's who gave the heter.
Check it out. It's published.
Don't you dare use the Shulchan Aruch to rob children of their lives, and the tzibbur of their tax dollars.
Rodef!
for more on this Supreme Court Decision, go to -
http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2009/06/25/the_tragedy_and_triumph_of_ta/
A group is now forming to hire a lawyer to see whether a class-action lawsuit, by disability, can be filed for Lakewood's outrageous years-long neglect of children with Special Needs, masterminded and orchestrated by the Inzelbuch regime. More details will be posted here when available (NAME OF ATTORNEY, ETC). Ample proof of all the dirty laundry will come out in that process, not here, not now.
Meanwhile, those interested in looking-up the Case can go to:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=08-305
See also "Court Affirms Reimbursement for Special Education"
By TAMAR LEWIN, a NYT article at:
http://www.nytimes.com/2009/06/23/education/23special.html
The Parents in that case were reimbursed $5,200 per month for the year they paid out of their own pocket; over $60,000.00 total. More importantly, going forward the District is picking up the tab.
it is my understanding that you guys got it all wrong. The supreme court just said that if your chold requires services, then instead of having to be placed in the public school system for services, you can choose to go to a private school. this helps anyone who has a child who recieved an iep and did not get the proper placement. however if the iep says the child is not entitled to services at all then the court decision is irrelevent. it is only once it is clear services are needed that you can now decide where to go. most people who are having problems with the boe, are having them at the iep stage not the placement stage. that was 10 years ago when schi started. not now. they are a lot more savvy these days.
To anon 10:28
You have it all wrong. Even if you don't get the IEP you want you can now fight your IEP while your still in a private school . It means that every private school child can now ask for an IEP in their private school and if the BOE does not give them one they can sue for reimburment.
We have to organize all children in private school, and self contained classes to ask for IEPs next week without going public.
10:56 is correct. Read the articles on the SC Decision. The district did not provide an IEP. Private school did. Parents won private school tuition reimbursement based on district failure.
Lakewood has another trick up their sleeve. They often leave out of the evaluation essential (costly) special needs, such as behavioral therapy, and come-up with an inappropriate IEP. If you suspect your LBOE eval is incorrect, you can get a much more reliable eval for free at Children's Specialized Hospital Outpatient Clinic in Toms River, 1-888-CHILDREN. Come with that eval to the IEP meeting. See the difference. Their failure will likely entitle you to private placement or tuition reimbursements, but you will need a lawyer. MI will fight you tooth and nail.
A reliable eval is the first step to let you know whether the district has the specific services your child needs, or whether private placement is right for your child.
Don't be snowed. The MI gang will ALWAYS tell you they got what you need. The truth does not matter.
I agree wholeheartedly with the previous comment. The Children's Specialized Hospital did a great job evaluating my child. But one correction. The evaluation was covered by my insurance (JerseyCare). It was not free. They will accept any valid insurance, and their team of professionals is very competent.
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