With the increased budget pressures on local governments and school districts in Virginia, we have seen an increase in complaints by parents that local FAPT committees are refusing to authorize funding for children’s private placement mandated by their child’s IEP. If the funds are not specifically refused, parents are seeing FAPT committees trying to re-determine the need for a private placement for a special education student. This poses a serious problem for parents and school personnel who have committed to a private placement for a special needs child through the special education IEP process.
The Family Assessment and Planning Team or (FAPT) is a mechanism for determining what services (and funding for those services) will be provided to at-risk children and families under the Virginia Comprehensive Services Act (CSA). For some special education students, school districts must convene a FAPT for the purpose of supplementing the funding for private day or residential school placements mandated by a child’s IEP. The problem occurs when the FAPT questions the level of placement required by the IEP and refuses to authorize funds for the placement. Children and Parents are caught in the middle. The placement determined by the school’s IEP team supersedes the ability of a FAPT to reconsider any placement or service that is inconsistent with a child’s IEP. • The FAPT may not make decisions that are contrary to Federal and State special education laws and regulations. • The FAPT may not change or modify a placement determined by a child’s IEP team. By law, the IEP must identify a specific school for the private placement of a special education student. • The FAPT cannot require a meeting of the Child Specific Team (CST) as a condition for authorizing payment for a placement required by the IEP. I expect that we will see more on this issue in the near future. Parents of special needs children can learn more about the laws and procedures that govern this process from the Virginia Department of Education and the Virginia CSA web sites. For problem solving in difficult individual cases, parents should consult with an attorney experienced in this area of law.
