ASR

[Anonymous]

They are classified as Special Education by the state but they don’t fir the profile of Chapter 766 in many ways, one is that the majority of kids are not “special needs” children as defined by the state (I pointed this out earlier).

No you didn't. You posted half of the definition for what qualifies as "special needs" and tried to claim the kids had to pass some test in order to be classified as such. You ignored the entire first half of the definition which stated that any kid with an emotional or behavioral issue that impedes on their education. We already know ASR takes such kids which is why they lobbied so hard nine years ago for the 30% rule.

[Troll Control]

This is why I cautioned you to move slowly and build on a solid foundation.  The regulations that are listed do not apply to ASR.  They are not a Chapter 766 approved school.  They are classified as Special Education by the state but they don’t fir the profile of Chapter 766 in many ways, one is that the majority of kids are not “special needs” children as defined by the state (I pointed this out earlier).

If parents reading here are interested just call the number at the bottom of this post  and ask for Paul Renistoni (sp?)

Here is a list of Chapter 766 Approved Schools
Approved school
http://profiles.doe.mass.edu/speds.asp

http://profiles.doe.mass.edu/home.asp?mode=o&ot=2

Approved Private Special Educational Schools
These schools, established as, Massachusetts Chapter 766 Approved In-State Schools and Programs that Serve Publicly Funded Special Education Students, are private institutions serving students with disabilities when it has been determined that their needs cannot be accommodated locally.
The right for some public school students with disabilities to attend these schools was established by Chapter 766 of the Acts of 1972. The laws governing placement and tuition in these programs are now encompassed in Chapter 71B of the Massachusetts General Laws.
Approved Special Educational Schools, are monitored by the Department of Education's Program Quality Assurance Services Unit (781) 338-3700.

It's appears to be a mistake on the list.  Both lists, for special education schools AND private schools omit ASR.  So, are you willing to say ASR is not recognized by Massachusetts as any sort of school based on its absence from the private school list?  If so, they are definitely a childcare facility (which it is clear they are anyway, but that's a different story...).

However, if you go to this page  http://http://profiles.doe.mass.edu/home.asp?mode=ot&view=&mcasyear=2006&ot=2&o=2588 and select "Special Education School" in the left dropdown menu you can then select "Academy at Swift River" from the right dropdown menu - it's the first one on the list.

So, it's clear that ASR one, takes public funds for special needs kids, two, is classified as a Special Education School by the state and three, is grossly in violation of DOE policies and education law.  We've established this and agree upon it.  A quick call to the Department of Education's Program Quality Assurance Services Unit at (781) 338-3700 verifies that they are a Special Education School.  That's settled.

Now the questions are surrounding the facts that they don't meet the requirements laid out by DOE, including, but not limited to being licensed as a residential childcare facility, employing licensed teachers at least half of which must be licensed as special ed, having no special ed program director and having no licensed counselors.

The complaint will be lodged with DOE and the chips will fall where they may...

[Troll Control]

Anote pn public funding for a private school in Massachusetts:

The only possible scenario under which the state can provide funds to pay for a private school is for special education for a disability.  The private school is required by law to meet the special education standards of the state.  There is no wiggle room here.

Therefore, ASR, by virtue of accepting state funds for a child's education, must meet state requirements for special education under 603 CMR 28.00: Special Education.

The criteria for a student's "disability" that applies to these special education kids is under 603 CMR 28.02 (definitions of conditions explicitly claimed to be treated by ASR on their website are bolded):

(7) Disability shall mean one or more of the following impairments:

(a) Autism - A developmental disability significantly affecting verbal and nonverbal communication and social interaction. The term shall have the meaning given it in federal law at 34 CFR §300.8(c)(1).

(b) Developmental Delay - The learning capacity of a young child (3-9 years old) is significantly limited, impaired, or delayed and is exhibited by difficulties in one or more of the following areas: receptive and/or expressive language; cognitive abilities; physical functioning; social, emotional, or adaptive functioning; and/or self-help skills.

(c) Intellectual Impairment - The permanent capacity for performing cognitive tasks, functions, or problem solving is significantly limited or impaired and is exhibited by more than one of the following: a slower rate of learning; disorganized patterns of learning; difficulty with adaptive behavior; and/or difficulty understanding abstract concepts. Such term shall include students with mental retardation.

(d) Sensory Impairment - The term shall include the following:

Hearing Impairment or Deaf - The capacity to hear, with amplification, is limited, impaired, or absent and results in one or more of the following: reduced performance in hearing acuity tasks; difficulty with oral communication; and/or difficulty in understanding auditorally-presented information in the education environment. The term includes students who are deaf and students who are hard-of-hearing.

Vision Impairment or Blind - The capacity to see, after correction, is limited, impaired, or absent and results in one or more of the following: reduced performance in visual acuity tasks; difficulty with written communication; and/or difficulty with understanding information presented visually in the education environment. The term includes students who are blind and students with limited vision.

Deafblind - Concomitant hearing and visual impairments, the combination of which causes severe communication and other developmental and educational needs.

(e) Neurological Impairment - The capacity of the nervous system is limited or impaired with difficulties exhibited in one or more of the following areas: the use of memory, the control and use of cognitive functioning, sensory and motor skills, speech, language, organizational skills, information processing, affect, social skills, or basic life functions. The term includes students who have received a traumatic brain injury.

(f) Emotional Impairment - As defined under federal law at 34 CFR §300.8(c)(4), the student exhibits one or more of the following characteristics over a long period of time and to a marked degree that adversely affects educational performance: an inability to learn that cannot be explained by intellectual, sensory, or health factors; an inability to build or maintain satisfactory interpersonal relationships with peers and teachers; inappropriate types of behavior or feelings under normal circumstances; a general pervasive mood of unhappiness or depression; or a tendency to develop physical symptoms or fears associated with personal or school problems. The determination of disability shall not be made solely because the student's behavior violates the school's discipline code, because the student is involved with a state court or social service agency, or because the student is socially maladjusted, unless the Team determines that the student has a serious emotional disturbance.

(g) Communication Impairment - The capacity to use expressive and/or receptive language is significantly limited, impaired, or delayed and is exhibited by difficulties in one or more of the following areas: speech, such as articulation and/or voice; conveying, understanding, or using spoken, written, or symbolic language. The term may include a student with impaired articulation, stuttering, language impairment, or voice impairment if such impairment adversely affects the student's educational performance.

(h) Physical Impairment - The physical capacity to move, coordinate actions, or perform physical activities is significantly limited, impaired, or delayed and is exhibited by difficulties in one or more of the following areas: physical and motor tasks; independent movement; performing basic life functions. The term shall include severe orthopedic impairments or impairments caused by congenital anomaly, cerebral palsy, amputations, and fractures, if such impairment adversely affects a student's educational performance.

(i) Health Impairment - A chronic or acute health problem such that the physiological capacity to function is significantly limited or impaired and results in one or more of the following: limited strength, vitality, or alertness including a heightened alertness to environmental stimuli resulting in limited alertness with respect to the educational environment. The term shall include health impairments due to asthma, attention deficit disorder or attention deficit with hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, and sickle cell anemia, if such health impairment adversely affects a student's educational performance.

(j) Specific Learning Disability - The term means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in an imperfect ability to listen, think speak, read, write, spell, or to do mathematical calculations.

So, as is clearly illustrated, by the state's definition ASR takes "disabled" children, clearly claims to have the expertise to treat and educate disabled children, accepts children from public school systems and takes compensation from the state for them.

This means they must meet all of the requirements under the law governing special education, of which they meet almost none, most especially those surrounding qualified, licensed teachers, of which they have exactly none.

Due to this fact, they are in violation of educational law.

[TheWho]

It's appears to be a mistake on the list. Both lists, for special education schools AND private schools omit ASR. So, are you willing to say ASR is not recognized by Massachusetts as any sort of school based on its absence from the private school list? If so, they are definitely a childcare facility (which it is clear they are anyway, but that's a different story...).

No, not really stating that.  As I reviewed the schools listed under special education schools I noticed the following:

I did what you suggested which was :

 

However, if you go to this page http://profiles.doe.mass.edu/home.asp?m ... t=2&o=2588 and select "Special Education School" in the left dropdown menu you can then select "Academy at Swift River" from the right dropdown menu - it's the first one on the list.

Now try going to the next school ,Amego School (or choose some schools at random) and you will notice at the bottom of the page “Special Education Approved Program: Has Program.  Most schools have this “Approved status” which means they are 766 approved.  ASR does not have this,  I don’t think this is a mistake.  ASR is clearly not set up to take “Special needs” children as defined here and by the state of Massachusetts and do not have to abide by the regulations that you stated.

I believe ASR is classified as a Private Boarding school without special needs.  If a complaint is filed it will force the issue and we will find out how they are classified.  Probably the best way to resolve this difference in perspective.

I find this interesting, though, it seems they don’t have a category for TBS’s in Massachusetts and are sort of classified as a hybrid between special needs and boarding school.  I think a big step will be to determine which rules they need to adhere to.  I believe the ones being posted here do not apply but a complaint will clear up the matter.

[Troll Control]

Well, ASR is not listed as a "private school" in Massachusetts at all.  It's only listed as a Special Education School, so that's obviously how the state classifies it based on the services it claims to offer.

Now, the difficulty is that their special education program is not currently approved by the state.  I think this is the rub here.  It seems those other schools have been approved by the state and ASR is just classified as a Special Education School (not a private boarding school).

What this signals to me is that, as is the usual pattern for those institiutions looking to get on a state list of schools, but intentionally not to meet requirements thereof (this is a strong pattern in the TBS industry), ASR has applied for status, but has not demonstrated that they meet special education requirements, which they clearly haven't and therefore aren't on the "approved" list.  If they didn't get on the "schools list" in one form or another, they'd be forced under the regulations of "residential childcare facility" or "residential treatment center".

This is how "TBS's" have historically jobbed the system.

This makes the fact that they have received public funds for disabled students all the more troubling, as they demonstrably can't and don't meet special education requirements.

Either way, it's clear that a complaint is in order to force the state to examine these discrepencies and deficiencies.

[Troll Control]

It looks like ASR is the only TBS trying to job the system as a "Special Education School".  

http://www.mytroubledteen.com/boarding- ... setts.html

None of these "troubled teen" schools are listed under the special education section at DOE (this is a catch-all type of listing service, so some of the ones on the list don't claim to be TBS's and do have legitimate, approved spec ed programs, but made it onto the "mytroubledteen" listing anyway).  

Of note, however, even the one of the most messed up "schools" with one of the most sordid histories amongst TBS's, The DeSisto School, is listed as a private school, but ASR is not.

[TheWho]

Now, the difficulty is that their special education program is not currently approved by the state. I think this is the rub here. It seems those other schools have been approved by the state and ASR is just classified as a Special Education School (not a private boarding school).

Agreed, I don’t think they have a classification for TBS so they had to choose a place to put them, so they list them as a specialty school.

Either way, it's clear that a complaint is in order to force the state to examine these discrepencies and deficiencies.

This is always the best way to bring the issue to the forefront and get resolution.  There is always an exception to the rules and a ruling is made based on request.

We had a similar problem with smoking.  You couldn’t allow smoking in restaurants but you could in private clubs, so the definition of “private club” (country club, Elks club, etc.) was put under a microscope and forced some new definition and compliances.  So moving forward and giving this the visibility it deserves is a good thing.  It may force the state to break out a new category and set of rules specifically for TBS’s.

[TheWho]

None of these "troubled teen" schools are listed under the special education section at DOE (this is a catch-all type of listing service, so some of the ones on the list don't claim to be TBS's and do have legitimate, approved spec ed programs, but made it onto the "mytroubledteen" listing anyway).

Of note, however, even the one of the most messed up "schools" with one of the most sordid histories amongst TBS's, The DeSisto School, is listed as a private school, but ASR is not.

Good point, guest, looks like ASR is working with the state to get better defined and is taking the first step for new classification.

[Anonymous]

Actually they're trying to avoid any sort of category which forces regulation on them.

Again do the kids they take meet the definition given by the state for special needs?

[Troll Control]

It looks like, by documentation, etc, that ASR is really not a school at all.  They're the sole and only school, including at least one other self-described TBS - DeSisto - that is either listed nowhere or isn't listed as state approved in some capacity.

They remain unaccredited and don't even appear on the Coordinated Review Program documentation from Mohawk Regional School District, which is often held out by ASR supporters as "approving the academic program" of ASR.   http://http://www.doe.mass.edu/pqa/review/cpr/reports/2007/0717.pdf

Either that's a blatant lie or Mohawk has dropped them as of 2007.

So, it doesn't look as if the state needed to place them in some category because "TBS" is not a category (as DeSisto qualifies as a private school under Mass law). It looks like ASR represented to the state that they were a Special Education School but never followed up to be approved, as they fall woefully short of the qualifications.  Again, this is the typical scam run on states by "TBS's" (see HLA or Ivy Ridge, both eventually forced to license as RCF/RTC).  

It appears they do not qualifiy as a "private school" either, or they would be listed as such, like DeSisto, a notorious shit-pit TBS which somehow meets state qualifications that ASR apparently does not.

[Troll Control]

None of these "troubled teen" schools are listed under the special education section at DOE (this is a catch-all type of listing service, so some of the ones on the list don't claim to be TBS's and do have legitimate, approved spec ed programs, but made it onto the "mytroubledteen" listing anyway).

Of note, however, even the one of the most messed up "schools" with one of the most sordid histories amongst TBS's, The DeSisto School, is listed as a private school, but ASR is not.

Good point, guest, looks like ASR is working with the state to get better defined and is taking the first step for new classification.

There's absolutely no evidence to support that claim, Who.  None.

No, it looks like, as pointed out by the other guest above, that they simply don't meet state requirements in any category at all and are trying to avoid the regulations and laws of both schools and RCF/RTC.

[TheWho]

None of these "troubled teen" schools are listed under the special education section at DOE (this is a catch-all type of listing service, so some of the ones on the list don't claim to be TBS's and do have legitimate, approved spec ed programs, but made it onto the "mytroubledteen" listing anyway).

Of note, however, even the one of the most messed up "schools" with one of the most sordid histories amongst TBS's, The DeSisto School, is listed as a private school, but ASR is not.

Good point, guest, looks like ASR is working with the state to get better defined and is taking the first step for new classification.

There's absolutely no evidence to support that claim, Who.  None.

No, it looks like, as pointed out by the other guest above, that they simply don't meet state requirements in any category at all and are trying to avoid the regulations and laws of both schools and RCF/RTC.

No, it looks like, as pointed out by the other guest above, that they simply don't meet state requirements in any category at all and are trying to avoid the regulations and laws of both schools and RCF/RTC.

There is no hard evidence either way.  If there was a category for TBS then we wouldn’t be having this debate.  But the state has definitions for Special needs school and private schools etc. and ASR doesn’t fit cleanly into any one category.  It is a hybrid and that is why they don’t come under any one jurisdiction.  One person can speculate “Oh, they are avoiding being a Private school”,,,,,,, another “No they are avoiding being a special ed school”…. Another says “They are avoiding being a RTC”….but the truth is the state doesn’t have a clear definition for Therapeutic boarding schools nor a set of guidelines for them to follow, nor an oversight committee.  
We cant sit here and pull up a list of regulations for Special ed schools when they don’t fit the whole definition and they aren’t just a private boarding school because they offer therapy.

The best we can do as parents and students is to say “Hey, lets define Therapeutic boarding schools and write up regulations and licenses that they can cleanly follow”.  But until that happens the state will define it “As we go”, until there becomes a real apparent reason (like an increase in TBS population and schools, law suit) to add another category it will evolve slowly and ASR will stay in limbo as a specialty school adhering to some of the rules for Special ed and some of the rules for private schools and some of the rules for Mental health facilities, but will not be required to adhere to all of them.

No matter how many categories or how hard you try to cover every possible scenario when enacting the law  there is always an exception, always will be.

[Anonymous]

If there was a category for TBS then we wouldn’t be having this debate.

If ASR isnt a TBS then why do they claim to be one?

But the state has definitions for Special needs school and private schools etc. and ASR doesn’t fit cleanly into any one category. It is a hybrid and that is why they don’t come under any one jurisdiction.

This is the exact same song and dance HLA tried to pull. It didnt work out for them either.

One person can speculate “Oh, they are avoiding being a Private school”,,,,,,, another “No they are avoiding being a special ed school”…. Another says “They are avoiding being a RTC”….but the truth is the state doesn’t have a clear definition for Therapeutic boarding schools nor a set of guidelines for them to follow, nor an oversight committee.
We cant sit here and pull up a list of regulations for Special ed schools when they don’t fit the whole definition and they aren’t just a private boarding school because they offer therapy.

Then what are they?

No matter how many categories or how hard you try to cover every possible scenario when enacting the law there is always an exception, always will be.

Just as there will always be companies trying to avoid regulation as a means of abusing kids.

[TheWho]

If ASR isnt a TBS then why do they claim to be one?

You should go to sleep....no one is saying that here

[Anonymous]

If ASR isnt a TBS then why do they claim to be one?

You should go to sleep....no one is saying that here

What difference does it make whether or not it's mentioned? The fact of the matter is ASR does claim to be a TBS.

So the question stands. If they arent a TBS why do they claim to be one?