How to get the OT for my son outlined in his IEP.

[Guest guest]

Hello,

My 7 year old son is NOS PDD highly functioning Autistic. He started in the first grade this year and one of the sections of his IEP requires Occupational Therapy. Here is the issue: the local public school district is having issues with hiring an OT therapist. Traditionally they contract through Acheivement Centers for Children in Warrensville Heights but they are not having any luck. They knew they needed this/these therapists (they say there are 3 positions open) since the summer. I knew that the OT that was treating Nick at the end of last school year was leaving back in May '06. The district special education director tells me that when they do find someone we will do "make up sessions" to account for the time lost. I asked what happens if we don't get anyone for six months. She said that we would just make it up with extended school year or what ever it takes. I want to know what we can do in the interim. I asked if they would pay for private OT and she said no. My son needs the OT now. If he doesn't get it now, the way I see it, it is time lost that cannot be made up. Also there are at least 80 other children in the district that need OT that aren't getting it either.

My question to the group is what should I be doing to press the issue and what should I do in the interim?

Regards,

[Guest guest]

How totally ridiculous and unacceptable. They are in violation of

his IEP if they are not providing the OT now that is written on the

IEP. The IEP has service dates on it from the beginning of the

school year to the end, not " if and when we get to it. "

If they don't have an OT, then they should be providing him with OT

from somewhere else.

Create a paper trail of communications from the spec ed supervisor

and verbatim what you've been told and make a complaint with Ohio

Dept. of Education/Office for exceptional children. 877-644-6338.

Let the state decide if the situation needs to be remedied, which I

wholeheartedly think they would.

Good luck.

>

> Hello,

>

> My 7 year old son is NOS PDD highly functioning

Autistic. He

> started in the first grade this year and one of the sections of

his IEP

> requires Occupational Therapy. Here is the issue: the local

public

> school district is having issues with hiring an OT therapist.

> Traditionally they contract through Acheivement Centers for

Children in

> Warrensville Heights but they are not having any luck. They knew

they

> needed this/these therapists (they say there are 3 positions open)

since

> the summer. I knew that the OT that was treating Nick at the end

of

> last school year was leaving back in May '06. The district

special

> education director tells me that when they do find someone we will

do

> " make up sessions " to account for the time lost. I asked what

happens

> if we don't get anyone for six months. She said that we would

just make

> it up with extended school year or what ever it takes. I want to

know

> what we can do in the interim. I asked if they would pay for

private OT

> and she said no. My son needs the OT now. If he doesn't get it

now,

> the way I see it, it is time lost that cannot be made up. Also

there

> are at least 80 other children in the district that need OT that

aren't

> getting it either.

> My question to the group is what should I be doing to press the

issue

> and what should I do in the interim?

>

> Regards,

>

>

>

[Guest guest]

Hi, --

You could try this: write a letter to the head of the IEP Team stating that there are OT goals on your child's IEP that presently are not being met. Attach a copy of the IEP with the OT goals highlighted. In a different color, highlight the dates of service for which the IEP is effective. In your letter, nicely explain that you understand their trouble finding a suitable OT to help the children who require this service. However, explain that you also understand that OT is a related service your child is entitled to now, and all were in agreement on that, as evidenced by the signatures on the IEP. This lets them know that you your child's legal rights without having to come out and quote the law. I've had to quote IDEA before...it makes everyone jumpy! So, let them know you know what your son is entitled to, just as much as they do. And they're not providing it.

Next, offer them solutions. Find some OTs near you that could work with your child. There are several good places -- I don't know where you're located, so I don't know where to suggest -- but call up the places you'd like to try, and find out what their fees are. Detail this in the letter and request the service in writing. Ask the school to pay for the service until an OT can be hired for the school. That should light a fire under them to hire that OT!

Politely state that you would be willing to come to a meeting to further discuss this if need be, but you want all sections of your child's IEP to be implemented during its effective dates, including OT. Again, this tells them that you know that they HAVE to implement all sections of the IEP by law without coming out and saying that. If a meeting needs to be called and they try to tell you they can't afford it, they don't pay for outside services, etc., etc., again, nicely explain that you understand their situation. After all, money doesn't grow on trees, and no one ever seems to have enough of it. However, an IEP is part of a federally mandated law, not just a list of suggestions. Since all parties agreed to it when it was signed, it must be implemented. You understand that they are not able to provide OT through their own resources right now, but your child still needs it. Therefore, you have found alternatives for them. See what they answer. If they are determined not to pay for an outside provider, request a Prior Written Notice.

Prior Written Notice is important. It must be given in writing (hence the name) by the school if a service is denied. It has to give a description of the action refused (in your case, OT), an explanation of WHY the service was denied (here's where you have a solid leg to stand on...OT IS WRITTEN IN HIS IEP!!! They have no good reason NOT to provide it), a description of each evaluation procedure, assesment, record or report the school used as a basis to refuse or postpone the action or service (again, there's no valid one here), a description of other options considered by the IEP team and the reason why these options were rejected, and a description of the factors that are relevant to the school's refusal. There will also be some legal things they'll cover -- i.e. a copy of "Whose IDEA is This," for example. If you ask for Prior Written Notice, and all of these things are not included, write another letter to the IEP team leader and request all that information.

It likely won't go any further than that -- if it even goes that far. If it does, then you can file a complaint if you wish. But, I would exhaust all other possibilities before I did that. If they're still not jarred into action by the Prior Written Notice request, I would write a letter to ALL the Board of Education members, letting them know of the situation and asking them what they are going to do to remedy it (again, be polite, but firm...you can catch more flies with honey than vinegar). This should put some fear into them, because if you write them a letter informing them of the problem and they do nothing, then they can be held liable. There is legal precedent for this. They will NOT want that to happen.

Let us know how it works out. You have a good argument. Good luck!

--Suzanne

-----Original Message-----

From: gary.holtz@...

; autismohio

Sent: Fri, 29 Sep 2006 3:08 PM

Subject: [ ] How to get the OT for my son outlined in his IEP.

Hello,

My 7 year old son is NOS PDD highly functioning Autistic. He started in the first grade this year and one of the sections of his IEP requires Occupational Therapy. Here is the issue: the local public school district is having issues with hiring an OT therapist. Traditionally they contract through Acheivement Centers for Children in Warrensville Heights but they are not having any luck. They knew they needed this/these therapists (they say there are 3 positions open) since the summer. I knew that the OT that was treating Nick at the end of last school year was leaving back in May '06. The district special education director tells me that when they do find someone we will do "make up sessions" to account for the time lost. I asked what happens if we don't get anyone for six months. She said that we would just make it up with extended school year or what ever it takes. I want to know what we can do in the interim. I asked if they would pay for private OT and she said no. My son needs the OT now. If he doesn't get it now, the way I see it, it is time lost that cannot be made up. Also there are at least 80 other children in the district that need OT that aren't getting it either.

My question to the group is what should I be doing to press the issue and what should I do in the interim?

Regards,

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[Guest guest]

The have to honor the IEP just because The Achivement Center can't supply ot does not mean your child is not entitled to it . Find an advocate parent or if you have a friend who is an attny have him contact the school This should work but if it does not contact one of the tv stations.The ACLU might even get involved because it is a violation of your child's civil rights.. The ideal is not to have an adversarial relationship with your school district .They can really help you and if they like you it just makes things eaiser.. Maybe ask what lenght of time they are talking about.Or just mention that the group you belong to is advising that you get legal assistance to help resolve the matter. sp-ed teacher