Demonstrating
the Need for Residential Placement
by
Herbert D. Hinkle, Esq. and Ira Fingles, Esq.
Herbert D. Hinkle
Law Office
2651 Main Street
Lawrenceville, New Jersey 08648
(609) 896-4200 or (215) 860-2100
In past articles,
we have explained that school districts may be responsible for providing
residential placements for children with disabilities, particularly
students who demonstrate significant maladaptive behaviors. However,
school districts still may be resistant to the idea of residentially
placing a student. There are things that parents can do to give school
districts (or a due process hearing officer) a better understanding
of why their child requires residential placement. The following tips
may help:
1. Make sure that
you request residential placement from the District in writing and
try any alternatives suggested by the District.
2. Request that
information about your child’s functioning outside of school be included
in the Present Levels of Performance section of the IEP, including
any maladaptive behaviors that are exhibited. If the school district
will not do this, provide a separate written statement and request
that it be attached to the IEP.
3. Keep a journal
or diary of your child’s inappropriate behaviors. It is often difficult
to remember specific incidents weeks or months later.
4. Invite school
personnel into your home to observe your child’s behaviors firsthand.
They may not accept the invitation, but such gestures show that you
consider them to the members of the team responsible for dealing with
your child’s inappropriate behaviors, both in school and out.
5. If a video
recorder is available, videotape your child during good times and
bad times. This may make it easier for school personnel or a due process
hearing officer to understand the severity of the behaviors involved.
Copyright 2003
H.D. Hinkle. All rights reserved.
Mr. Hinkle maintains
a multi-state law practice with offices in Lawrenceville, Florham
Park, and Marlton, NJ, and Yardley, Pa. Mr. Hinkle and his colleagues
Ira Fingles, and Paul Prior lecture and write frequently on topics
of law, aging, and disability, and are available
to speak to groups in New Jersey and Pennsylvania
at no charge. Call (609) 896-4200.
