Ds denied Setss services. How to fight it without an agency?

amother

OP ↓

Tue, Sep 10 2024, 8:35 am

Is there a way to do it? Do I need to hire a lawyer or can I do it myself? If yes any recommendations? And what does it cost?

Or better just to go through the agency and have them help? My hesitation with that is that I want ds serviced one on one and if I go through the agency then the hours will likely end up being done in school and the school wants to group everyone this year.... but if there's a better chance of him getting services that way or it's crazy expensive will do it that way as opposed to him getting nothing...

amother

↑ OP ↓

Tue, Sep 10 2024, 9:05 am

amother Beige wrote:

Odds are you won't get one on one. Unless your ds is severely low functioning. That is considered very restrictive and the doe is moving away from that. Students benefit from being seen in a small group too.

I've done that till now... What changed? He is (was - he was just denied after his latest testing) allowed to be seen in a group, but there never was a problem with him doing one on one if I wanted...
I know there can be benefit in a group but last time we tried ds just kept getting silly with the other kids, disturbing them and getting distracted by things... When I got him after school one on one and he was in a quiet private room he got way more benefit from the services.

amother

↑ OP ↓

Tue, Sep 10 2024, 9:12 am

amother Copper wrote:

Agencies are not tied to schools, necessarily. My daughter gets services through an agency, but at home. In the past the agency did fight for her to be enhanced and 1:1. At this point, we have RSAs but the mandate is still 1:1.

You definitely need an advocate or a lawyer. The lawyer will cost you around $5000 if you don't get an agency that's willing to take it on.

Thank you for this info. In the past I got services though an agency at home as well - enhanced, but now my previous provider (who worked really well with ds) only wants direct (and sounds like most providers will) bec of the pay changes.... I feel it's unfair to ask the agency for help (although from the above info it sounds like they can't anymore? This is so confusing) if in the end I want direct and at home. Seems likely through an agency he will only be able to get direct through school in a group unless I'm very lucky....

amother

↑ Beige

Tue, Sep 10 2024, 9:54 am

amother OP wrote:

The doe is moving toward least restrictive. So they won't give you a 1:1 mandate unless you really have a way to prove its necessary. Could be the agency had connections and that's why you got that mandate. A good provider should be able to manage a small group, and it's probably good for your son to learn how to behave in a small group too as that is more functional. Obviously everyone wants 1:1 for their child, but I think the doe will make it harder and harder.

amother

↑ OP ↓

Tue, Sep 10 2024, 10:13 am

amother Beige wrote:

Thanks for taking the time to reply, this is all so confusing. I never got a 1:1 mandate, the provider was just able to work 1:1. How does it work anyhow? Let's say no one in my sons class needs help in the same area or they are on a different level... He has to get serviced with them? How will that be helpful?

amother

↑ Copper

Tue, Sep 10 2024, 10:14 am

amother OP wrote:

It's very complicated...our agency shut down. I like our provider and it works for both of us to continue working together, but she doesn't want to have to do billing herself (even though that would give her $85 an hour as opposed to the $80 she was getting from the agency*) so she gave me the option of giving my RSA to a school she works in and they would process it for her. She says that for her the 10% off the top to them is worth not having to do paperwork. So the agency wouldn't be doing it for free, they would expect that you get a provider that will ultimately give them a cut. Otherwise they have no incentive to shell out money for your lawyer.

(If you have a good relationship with someone who is used to the system, they might give you some advice and some guidance verbally for free.)

*While getting an astounding $190/session from the doe

amother

↑ Bergamot

Tue, Sep 10 2024, 10:43 am

amother OP wrote:

I will look into this. Thanks. Is this often successful or mostly not?

You’re entitled to mediation they cannot deny it to you.
Yes they are very often very helpful.
Success is measured in if the student is being served not necessarily that you were getting what you want.
I understand that you believe that what you want is the best interest of your child and I’m sure it is but both sides will be heard, and the mediation will help you get resolution

seeker

Tue, Sep 10 2024, 11:53 am

amother Copper wrote:

The $85 an hour from DOE is not more than the $80 from the agency. With the DOE the tax rate is much higher, there is no paid sick leave, no resources provided, and no secretary or accountant or anything.

But let's stick with the topic at hand...

I think once you get your SETSS form, if you have a provider willing to see your child at home then it won't matter that it's 1:1. We're not entirely sure if they're really going to be forcing groups in school, but at home who are you going to group with? I highly doubt it will be an issue.

Amother who is insistent that grouping is a wonderful thing - sometimes, but not for everyone. SETSS is supposed to target specific needs that a student has different from the rest of the class, and the time is limited because the objective is for them to be mainstreamed as much as possible. If your group's needs are widely diverse, even the most talented teacher can't bridge all their deficits at once in 45-60 minutes a day. If I have one kid who's 3 grade levels behind in math but reads ok and one who's 2 grade levels behind in reading but can compute like a machine, they're not going to be receiving the appropriate intervention if they're pulled out of class at the same time. They're just not. No matter how well I prepare a mix of independent and teacher-directed learning activities, it's never going to be equivalent to having my undivided attention which is what you need if you want to catch up from 2 grade levels behind (which is average for a special ed referral).