It's hard to comment without knowing the specific facts of each case (for instance, it might matter whether the private placement was by the parent or by the school), but if a parent can waive FAPE in a settlement agreement that includes a private placement, I would assume that would mean the entirety of FAPE - even the "free" part. Waiving FAPE in order to receive the services of the private school allowed the school district to use this as an argument to not cover at 100%. May not be the best result, but I can't think of a reason it would not be allowed in a situation involving a private school not subject to FAPE, and perhaps having 50% covered was the best the parents thought they could receive without spending more time and money. Unsure in Seattle (actually, Kansas City :))

I was reading a post in a Facebook group and I'm in a bit of shock about what I saw. This was about a school district in PA and out of district placements. An advocate posted that they've seen this district cover 50% of the tuition for private schools for several students. I thought that offers from a school needed to be FAPE - Free Appropriate Public Education. It's not 'Free' if only half is covered. I did ask the advocate how they are able to only offer 50% and it's OK. She said, because the parents were waiving FAPE, that the school wasn't obligated to pay for 100%. Settlement agreements, where the private school isn't going to follow an IEP, does require a parent to waive FAPE. I thought that this was waiving the right to having an IEP where the student would be getting special instruction to meet specific goals - in other words, the 'A' in FAPE - Appropriate. I didn't think they would also be waiving 'F' - Free. Does this sound right to you?

I have friends who live in the same school district (if it's the district with an East & West HS that sends students to TCHS) that I know and I was shocked what they did to my friend's child and attending the school they were zoned for. That said, what I would do is write a letter stating that the school's policy doesn't apply in your case because (1) it happened off campus, (2) you were told by the appropriate agency, CYF, to not report this to the police (3) but there was a legal settlement for your child to go to a different school from this child for 6 years. I would ask that they honor your request of having your child attend East rather than West which your neighborhood is zoned for. (You might need documentation from a MH professional that he should not be attending the same school as this other child due to PTSD.) You'll probably need to say you will transport as that tends to be the big ticket item with a student not going to their neighborhood school. He should be able to ride the bus to TCHS from East but you'd need to get him to/from East. On 2nd look, this part may apply: "A student victim (or his/her parent/guardian) may apply to the LEA to transfer to another school within thirty (30) calendar days after the incident is reported to school authorities." IMO, you are somewhere within this 30 day timeline as you recently told the SD about the assault. Use the points I outlined to make your formal request. You might want to call the superintendent and then follow up the call with an email so you have a paper trail. Or you might need to show up in person. I know the person in charge of school safety in my district and they might be someone to have involved with this process. Include the Title IX coordinator too.

Reading between the lines, I'm seeing the special ed director saying all the teacher needs to do is babysit the students and gaslight parents that they are getting FAPE. Some people say that IEP means I Expect Progress. This won't happen without special instruction shown to help mitigate issues from the disability. Depending on the student & the disability, I'd like to see ADLs worked on at a minimum.

If you have a reading eval done, most evals (same exact eval) cannot be redone within the next 12 months. The school's perspective is that outside evals are biased and school evals are not so they only have to consider your eval & not follow it. Given this, I would wait for the school's evaluation to be done. Also, ESY is not expected to cause a student to make progress - sometimes student do make progress. It's there so that a student who's learning a new skill doesn't backslide when there isn't any instruction over the summer. Compensatory things are generally decided by due process although schools will call something this when a student didn't get FAPE and they didn't need due process to determine this. I'm not familiar with "a specific OG READING EVALUATION". I'm thinking that their certified special ed teacher might have an eval they do to determine what the area of need in reading is that is specific to the protocol for the program. (Do ask to get a copy of their assessment results.) This way they can match remedial instruction to what the student needs rather than starting with step 1 which might be something a student already knows. (There are dozens of OG based programs that are out there and are research/evidence based. They are all a bit different which is why a student could make progress with one & not another. You can think of it like chocolate ice cream. Breyers is different from Turkey Hill or Friendly's or your store's brand but they all fill the requirement for chocolate ice cream.)

Not in Pennsylvania, so others might know more. But for me, it would help to see the language in the NOREP as to what was agreed to at the meeting. Regardless, however, it looks like you were given some bad advice during the meeting from individuals who did not understand the entire process or know all the facts in your case. Under the board policy, you appear to be out of luck. My suggestions are: 1. Ask for all policies regarding ability to transfer schools. There might be some other way to request a transfer. 2. Write a letter to the superintendent and school board members pleading your case. Since you don't have any policy or legal ground to stand on, appeal to their emotions to make an exception. However, there are a couple of legal issues you could allude to (but I would start out nice and not demanding in this initial letter/email). State how this would affect your son and his ability to access his education (he would be so traumatized he wouldn't be able to focus and learn - I would even suggest getting a letter from a psychologist/psychiatrist stating the environment would making learning difficult, if not impossible, and attach the letter). Hopefully they could connect the dots that they would be denying FAPE. Another legal angle would be adding something like "it would be be devastating to my son physically, mentally, and emotionally if another attack were to occur." Hopefully they could connect the dots in terms of their liability if an attack occurred and they were on notice of the previous one. 3. If they insist on knowing the other boy's name, keep in mind that the school district is required to keep this confidential.