IEP and aids

[Guest guest]

Does anyone out there have any legal info in regards to one on one aids in

the schools, and their requirement to have that written in the IEP?

Stella does have an aid in school, however it is not written in her IEP, my

husband I both thought and left many meetings with the promise it was in

there, however that has been proven wrong.

The school district is refusing to have it amended, so i'm wondering are

there federal laws or anything I might reference to them in this matter?

There is an ongoing legal dispute here in seattle with another family of a

child with seizures, whose aid was taken away because of it not being in

writing. You can see my distress over this, and want to take all

precautions the same does not happen to stella.

thanks

amanda

[Guest guest]

Dear

Did you sign the IEP? If not, don't sign it until you agree with it. If an

aide is what you want, have it written into the IEP and don't sign it until it

is. The IEP is like a contract between you and the schools.

...former special ed. teacher.

and Stansfield-lyons astansfield@...> wrote:

Does anyone out there have any legal info in regards to one on one aids in

the schools, and their requirement to have that written in the IEP?

Stella does have an aid in school, however it is not written in her IEP, my

husband I both thought and left many meetings with the promise it was in

there, however that has been proven wrong.

The school district is refusing to have it amended, so i'm wondering are

there federal laws or anything I might reference to them in this matter?

There is an ongoing legal dispute here in seattle with another family of a

child with seizures, whose aid was taken away because of it not being in

writing. You can see my distress over this, and want to take all

precautions the same does not happen to stella.

thanks

amanda

[Guest guest]

Hi -

Hhhmmmm.... first off, how long ago was the IEP

written? Did you sign the IEP following the meeting?

I am a special ed. teacher so have written numerous

IEP's (and numerous amendments to IEP's). I typically

write educational goals for the IEP prior to the

meeting if it is a child I've had in class before - if

not, I look off of previous IEP's/talk to previous

teachers/ and make phone contacts w/parents asking

them what educational goals are important for their

children. Then, AT the meeting, we review the goals,

discuss methodology, health concerns, special

services, etc. - if the team decides additional goals

should be written - I do it there at the meeting and

have all members sign so there is no confusion. There

are just as many instances where amendments have to be

made if the kids aren't making progress toward goals

or if another methodology would seem more appropriate.

I had a child once, who had a seizure disorder in my

class. Her mom was a huge advocate for her daughter

and fought for the best of services. She requested a

full time aide at one point b/c her daughter often had

seizures between classes in busy hallways or while

walking up/down stairs. The committee thought a full

time aide would not be " least restrictive " and offered

to get a " buddy " to assist her during times of stress.

Obviously, every case is different but the reason I'm

telling you this is b/c if you think Stella NEEDS the

aide then you may have to get creative. If you talked

about the Aid during the meeting -and the committee

agreed that Stella needed the aid - it should have

been added during the meeting.

Did you request in writing for an amendment to the

IEP? When you discussed the aide during the

meeting - what were some valid reasons an aide would

be justified - I'm just trying to figure out a

loophole to do an amendment in a diplomatic way.

Maybe if you give me more info. on Stella's likelihood

of seizures - like if she has absence seizures that

may go unrecognized by the teacher, she may need the

aide to be checking in w/her to make sure she was

getting the info. Depending on her situation - I

could maybe find some laws that you could provide them

w/. You could always request a mediation hearing, too

- takes time - but teachers would have 9 wks. to chart

progress and how Stella is making progress toward

goals despite the lack of aide. If she wasn't

making progress toward her goals - an aide may have to

be provided.

Anyway - I'm short for time right now but if you have

more questions - I'll try to help.

good luck!

(mom to )

--- and Stansfield-lyons

astansfield@...> wrote:

>

>

> Does anyone out there have any legal info in regards

> to one on one aids in

> the schools, and their requirement to have that

> written in the IEP?

> Stella does have an aid in school, however it is not

> written in her IEP, my

> husband I both thought and left many meetings with

> the promise it was in

> there, however that has been proven wrong.

> The school district is refusing to have it amended,

> so i'm wondering are

> there federal laws or anything I might reference to

> them in this matter?

> There is an ongoing legal dispute here in seattle

> with another family of a

> child with seizures, whose aid was taken away

> because of it not being in

> writing. You can see my distress over this, and

> want to take all

> precautions the same does not happen to stella.

> thanks

> amanda

>

>

> [Non-text portions of this message have been

> removed]

>

>

__________________________________________________

[Guest guest]

My son is in kindergarten this year and has a 1:1 aide. It is

written that he has a 1:1 aide. It has made the biggest difference for him

and he has been able to be mainstreamed into the regular class with the aide.

THe best way to get this is to have a neurologist or dev ped or psychologist

or pediatrician or ALL of the ABOVE which we did have recommend the aide.

The school looks highly upon recommendations from a doctor and it gets you off

the hot seat because you can just use the doctors recommendation as for your

reasoning.

If it is not in your IEP, then it is not required and they do not have to

provide that assistance. Please let me know if you need any help. We have

worked really hard to maintain a good relationship with our schools while

getting what needs. I grin and bear it usually and then hang up

the

phone or get in the car and scream but always smile at the school staff.

Good luck

[Guest guest]

My son is in kindergarten this year and has a 1:1 aide. It is

written that he has a 1:1 aide. It has made the biggest difference for him

and he has been able to be mainstreamed into the regular class with the aide.

THe best way to get this is to have a neurologist or dev ped or psychologist

or pediatrician or ALL of the ABOVE which we did have recommend the aide.

The school looks highly upon recommendations from a doctor and it gets you off

the hot seat because you can just use the doctors recommendation as for your

reasoning.

If it is not in your IEP, then it is not required and they do not have to

provide that assistance. Please let me know if you need any help. We have

worked really hard to maintain a good relationship with our schools while

getting what needs. I grin and bear it usually and then hang up

the

phone or get in the car and scream but always smile at the school staff.

Good luck

[Guest guest]

My son is in kindergarten this year and has a 1:1 aide. It is

written that he has a 1:1 aide. It has made the biggest difference for him

and he has been able to be mainstreamed into the regular class with the aide.

THe best way to get this is to have a neurologist or dev ped or psychologist

or pediatrician or ALL of the ABOVE which we did have recommend the aide.

The school looks highly upon recommendations from a doctor and it gets you off

the hot seat because you can just use the doctors recommendation as for your

reasoning.

If it is not in your IEP, then it is not required and they do not have to

provide that assistance. Please let me know if you need any help. We have

worked really hard to maintain a good relationship with our schools while

getting what needs. I grin and bear it usually and then hang up

the

phone or get in the car and scream but always smile at the school staff.

Good luck

[Guest guest]

Thanks to those of you who responded to my question.

Last year stella started a developmental preschool, it was very brief and

because of her seizures and hospital stays she was gone more than present.

It was our first experience with the school district and they were and have

been great to us. At all the meetings it was discussed she would need the

1-1 aid and they did provide someone, who was completely wrong, so my

husband or I was always in the classroom with her too. This year, we have a

wonderful lady who does have the seizure experience we asked for, and the

only reason I am even making a big deal about it not being in the IEP is:

the aid we do have would not have been our aid had a similiar situation not

occured to the child she had the year prior. He did not have it in his IEP

to have an aid, and all the notes from docs etc were there, but because it

was not in writing they took the aid away. Thinking because he has a

terminal illness and the seizures were 2nd, he wouldn't be around long

enough for the aid to finish the school year. Okay that is just horrible.

I know Stella is okay this year, but thinking ahead that her aid could get

pulled at any min is a scary thought for us. All her docs/surgeon has

requested the aid, and because she has one, they are reluctant to add it to

the IEP saying it would not make a difference. I understand her aid would

stay her aid, it's not that that i'm concerned about, it's the legal binding

document which requires it that I'm after. So, I need to know where it says

in the law that they have to include it.

thanks

amanda

[Guest guest]

Thanks to those of you who responded to my question.

Last year stella started a developmental preschool, it was very brief and

because of her seizures and hospital stays she was gone more than present.

It was our first experience with the school district and they were and have

been great to us. At all the meetings it was discussed she would need the

1-1 aid and they did provide someone, who was completely wrong, so my

husband or I was always in the classroom with her too. This year, we have a

wonderful lady who does have the seizure experience we asked for, and the

only reason I am even making a big deal about it not being in the IEP is:

the aid we do have would not have been our aid had a similiar situation not

occured to the child she had the year prior. He did not have it in his IEP

to have an aid, and all the notes from docs etc were there, but because it

was not in writing they took the aid away. Thinking because he has a

terminal illness and the seizures were 2nd, he wouldn't be around long

enough for the aid to finish the school year. Okay that is just horrible.

I know Stella is okay this year, but thinking ahead that her aid could get

pulled at any min is a scary thought for us. All her docs/surgeon has

requested the aid, and because she has one, they are reluctant to add it to

the IEP saying it would not make a difference. I understand her aid would

stay her aid, it's not that that i'm concerned about, it's the legal binding

document which requires it that I'm after. So, I need to know where it says

in the law that they have to include it.

thanks

amanda

[Guest guest]

Thanks to those of you who responded to my question.

Last year stella started a developmental preschool, it was very brief and

because of her seizures and hospital stays she was gone more than present.

It was our first experience with the school district and they were and have

been great to us. At all the meetings it was discussed she would need the

1-1 aid and they did provide someone, who was completely wrong, so my

husband or I was always in the classroom with her too. This year, we have a

wonderful lady who does have the seizure experience we asked for, and the

only reason I am even making a big deal about it not being in the IEP is:

the aid we do have would not have been our aid had a similiar situation not

occured to the child she had the year prior. He did not have it in his IEP

to have an aid, and all the notes from docs etc were there, but because it

was not in writing they took the aid away. Thinking because he has a

terminal illness and the seizures were 2nd, he wouldn't be around long

enough for the aid to finish the school year. Okay that is just horrible.

I know Stella is okay this year, but thinking ahead that her aid could get

pulled at any min is a scary thought for us. All her docs/surgeon has

requested the aid, and because she has one, they are reluctant to add it to

the IEP saying it would not make a difference. I understand her aid would

stay her aid, it's not that that i'm concerned about, it's the legal binding

document which requires it that I'm after. So, I need to know where it says

in the law that they have to include it.

thanks

amanda

[Guest guest]

I have been to many IEP's and have always gotten a 1:1 aid for . It must

be written into the IEP or the district will not be bound to a 1:1 aid, just a

classroom aid based on the student/teacher ratio. It does help tremendously for

the doc to request a 1:1. The distric twill then have less wiggle room to get

out of the obligation. My issue was that we had a 1:1 in the preschool

classroom with in addition to 12 other children. There was one teacher

and a classroom aid. Often, the classroom aid talked on her phone all morning

and 's 1:1 was watching all thirteen children with the teacher. If one

of hte aids called in sick or no-showed, then there was no 1:1 and no sub was

called in. Enforcing the IEP is difficult if you have a district like the one I

am residing in. Proving the infractions is sometimes difficult.

The biggest thing that has helped me with the he-said she said crap is to record

all IEP meetings. You have to give 24 hours written notice of the intent to

record. This gives the district the opportunity to record as well. Record the

meetings and then the facts are preserved for a later date. Ever since I have

started recording the IEP's I have not had trouble. In fact, the district has

stuck their whole foot in the mouth and violated a lot educational laws (all

cought on tape). This has helped when trying to prove you requested and were

promised one thing, when another item is being delivered.

You can call an IEP at any time that you feel that the needs are not being met

for your child. SO, if you have signed the IEP,then just call another IEP

meeting (request in writing) and the district is mandated to convene another

meeting to address the concerns of the parents/guardian. Only sign the IEP is

you agree with everything. If this means that you take the papers home to read

first, then so be it. They will have to wait. I have done this at the end of a

meeting and everyone is aghast that I do not trust them to put everything down

we discussed. I will sign in attendance only, without approving or disputing

any item. THis allows me time to read and makes notes. As well as listen again

to the tapes to ensure that everything was written down as promised and that I

have not forgotten anything. The district I love in loves to get me emotional,

then I forget things. SO, this helps ensure that I can keep my wits and not

feel pressured. This has helped me make clearer and better choices during the

meetings kowing that I have the power, not them. It can be overwhelming sitting

at a table with 10+ district employees and just me and a friend.

Do you have the special education composite of laws? I have a California

version and every year receive a copy as a right of a special education student.

I am allowed one free copy per year. For California, the book for 2004 is

called " A Composite of Laws, 26th Edition 2004 " This is a great resource for

learning your rights and being able to quote laws applicable to your child.

There is also the Lanterman Act which gived you additional rights. Every state

is different and I am not sure what state you are located.

Good luck. I have a tremendous amount of experience with IEP's, mediation and

fair hearing at this point. Unfortunately I have battled for the past three

years and have made some progress, but not enough for a truely Appropriate

education within a least restrictive environment.

If you have any more questions, I would be happy to assist.

Jenn

Re: IEP and aids

Thanks to those of you who responded to my question.

Last year stella started a developmental preschool, it was very brief and

because of her seizures and hospital stays she was gone more than present.

It was our first experience with the school district and they were and have

been great to us. At all the meetings it was discussed she would need the

1-1 aid and they did provide someone, who was completely wrong, so my

husband or I was always in the classroom with her too. This year, we have a

wonderful lady who does have the seizure experience we asked for, and the

only reason I am even making a big deal about it not being in the IEP is:

the aid we do have would not have been our aid had a similiar situation not

occured to the child she had the year prior. He did not have it in his IEP

to have an aid, and all the notes from docs etc were there, but because it

was not in writing they took the aid away. Thinking because he has a

terminal illness and the seizures were 2nd, he wouldn't be around long

enough for the aid to finish the school year. Okay that is just horrible.

I know Stella is okay this year, but thinking ahead that her aid could get

pulled at any min is a scary thought for us. All her docs/surgeon has

requested the aid, and because she has one, they are reluctant to add it to

the IEP saying it would not make a difference. I understand her aid would

stay her aid, it's not that that i'm concerned about, it's the legal binding

document which requires it that I'm after. So, I need to know where it says

in the law that they have to include it.

thanks

amanda

[Guest guest]

I have been to many IEP's and have always gotten a 1:1 aid for . It must

be written into the IEP or the district will not be bound to a 1:1 aid, just a

classroom aid based on the student/teacher ratio. It does help tremendously for

the doc to request a 1:1. The distric twill then have less wiggle room to get

out of the obligation. My issue was that we had a 1:1 in the preschool

classroom with in addition to 12 other children. There was one teacher

and a classroom aid. Often, the classroom aid talked on her phone all morning

and 's 1:1 was watching all thirteen children with the teacher. If one

of hte aids called in sick or no-showed, then there was no 1:1 and no sub was

called in. Enforcing the IEP is difficult if you have a district like the one I

am residing in. Proving the infractions is sometimes difficult.

The biggest thing that has helped me with the he-said she said crap is to record

all IEP meetings. You have to give 24 hours written notice of the intent to

record. This gives the district the opportunity to record as well. Record the

meetings and then the facts are preserved for a later date. Ever since I have

started recording the IEP's I have not had trouble. In fact, the district has

stuck their whole foot in the mouth and violated a lot educational laws (all

cought on tape). This has helped when trying to prove you requested and were

promised one thing, when another item is being delivered.

You can call an IEP at any time that you feel that the needs are not being met

for your child. SO, if you have signed the IEP,then just call another IEP

meeting (request in writing) and the district is mandated to convene another

meeting to address the concerns of the parents/guardian. Only sign the IEP is

you agree with everything. If this means that you take the papers home to read

first, then so be it. They will have to wait. I have done this at the end of a

meeting and everyone is aghast that I do not trust them to put everything down

we discussed. I will sign in attendance only, without approving or disputing

any item. THis allows me time to read and makes notes. As well as listen again

to the tapes to ensure that everything was written down as promised and that I

have not forgotten anything. The district I love in loves to get me emotional,

then I forget things. SO, this helps ensure that I can keep my wits and not

feel pressured. This has helped me make clearer and better choices during the

meetings kowing that I have the power, not them. It can be overwhelming sitting

at a table with 10+ district employees and just me and a friend.

Do you have the special education composite of laws? I have a California

version and every year receive a copy as a right of a special education student.

I am allowed one free copy per year. For California, the book for 2004 is

called " A Composite of Laws, 26th Edition 2004 " This is a great resource for

learning your rights and being able to quote laws applicable to your child.

There is also the Lanterman Act which gived you additional rights. Every state

is different and I am not sure what state you are located.

Good luck. I have a tremendous amount of experience with IEP's, mediation and

fair hearing at this point. Unfortunately I have battled for the past three

years and have made some progress, but not enough for a truely Appropriate

education within a least restrictive environment.

If you have any more questions, I would be happy to assist.

Jenn

Re: IEP and aids

Thanks to those of you who responded to my question.

Last year stella started a developmental preschool, it was very brief and

because of her seizures and hospital stays she was gone more than present.

It was our first experience with the school district and they were and have

been great to us. At all the meetings it was discussed she would need the

1-1 aid and they did provide someone, who was completely wrong, so my

husband or I was always in the classroom with her too. This year, we have a

wonderful lady who does have the seizure experience we asked for, and the

only reason I am even making a big deal about it not being in the IEP is:

the aid we do have would not have been our aid had a similiar situation not

occured to the child she had the year prior. He did not have it in his IEP

to have an aid, and all the notes from docs etc were there, but because it

was not in writing they took the aid away. Thinking because he has a

terminal illness and the seizures were 2nd, he wouldn't be around long

enough for the aid to finish the school year. Okay that is just horrible.

I know Stella is okay this year, but thinking ahead that her aid could get

pulled at any min is a scary thought for us. All her docs/surgeon has

requested the aid, and because she has one, they are reluctant to add it to

the IEP saying it would not make a difference. I understand her aid would

stay her aid, it's not that that i'm concerned about, it's the legal binding

document which requires it that I'm after. So, I need to know where it says

in the law that they have to include it.

thanks

amanda

[Guest guest]

You might be able to find something here:

http://www.wrightslaw.com/

Mike

_____

From: and Stansfield-lyons

Sent: Saturday, November 13, 2004 12:23 PM

To: ketogenic

Subject: IEP and aids

Does anyone out there have any legal info in regards to one on one aids in

the schools, and their requirement to have that written in the IEP?

Stella does have an aid in school, however it is not written in her IEP, my

husband I both thought and left many meetings with the promise it was in

there, however that has been proven wrong.

The school district is refusing to have it amended, so i'm wondering are

there federal laws or anything I might reference to them in this matter?

There is an ongoing legal dispute here in seattle with another family of a

child with seizures, whose aid was taken away because of it not being in

writing. You can see my distress over this, and want to take all

precautions the same does not happen to stella.

thanks

amanda

[Guest guest]

I am from Oklahoma and I am an aid in my daughter Casey's class, I

am required to carry a walky talky with me at all times and not be

more than 5 minutes away from Casey at all times this was written

into the IEP.

If it is not in the IEP they do not have to do it also if you get

your doctor to write a letter it will help alot they will have to

put it in it is the law. Also in the state of Oklahoma we have a

place called OASIS it sends advocates to school to make sure

everything is done in the best intrest of the child and family the

school does not like these peolpe because they are laywers and do

not mess around! here is the number to the Oklahoma office maybe

they could give you info on a place in your state that could help or

just give you advice 1-. If I can help out anymore just

ask.

P.S Casey accutally tried to shoot a basket today in therapy she has

never done before she is doing great still having seizures but she

is slowly coming back GOd bless you all for always being there

Carol Casey's Mom