How My Boy Kicked Autism
Chapter 15 Mediation Results
My Boy Blank -3 years 7 months
I knew it! The mediation was totally different from the Resolution Session. We were in this big fancy conference room and there was a really nice man there who is called a mediator. He explained to us that everything that we talked about in the mediation was confidential but I am pretty sure I am allowed to tell you, being that we were all talking about you and the Agreement we reached is about you too. Yes. Agreement! The mediator lectured everyone to be on good behavior and to expect to compromise. After 6 hours of Melanie and the district’s lawyer getting up and leaving the room, coming back and then getting up to go again, we came to an Agreement.
The District agreed to pay the additional 15 hours per week of services and 14 hours per month of supervision/clinic time, as well as reimburse me for the total amount that I have paid for to date. We agreed to privately pay for any school that you may attend this school year, your speech therapy and your occupational therapy. So far you do not go to school and the insurance company is paying for your speech and OT and it only cost me reasonable legal fees. I would rather pay Melanie than directly than settling for less services to get the District to pay her. That way, if a dispute arises next year, then your current program will stay put meaning that they will continue pending resolution of a new dispute.
Chapter 15 The Following School Year
The following year, when Blank turned 4, the District offered to continue funding the ABA services, but they wanted the hours transitioned from the home to their Special Day Class (SDC) The District offered speech and OT services as well, however, the Fictitious family was pleased with their independent providers and their insurance was paying for the services. While all were in agreement that Blank was ready for school because he had made tremendous gains in cognitive, communication and functional skills, there was a disagreement about placement. Ms. Segal presented research to the IEP team showing the importance of being educated alongside typically developing peers. The District did not even have a regular education class to offer, thus a dispute arose and a second due process request was filed based on the District’s failure to offer placement in the Least Restrictive Environment (LRE).