Can IEP services be denied because a child has outside medical care?

Question

My 6 year old daughter with cerebral palsy, optic nerve hypoplasia, hypotonia, ect. She has physical and occupational therapy one time a week and doesn't arrive at school that day until noon. (Doctor has ordered "early in the day, early in the week" because of hypotonia and fatigue) We are going as early in the day as we can (8:00am) and have failed to find a rehab center open on Saturday or Sunday. So school hours have become our only option.

This is doctor ordered and is imperative for her health.

Today, at our IEP meeting we were told that she would not receive special education services for that day and all missed work would be sent home. They said this is because her physical and occupational therapies are not educationally related. This is what happened last year in Kindergarten and it took my daughter 2 hours each night to finish her homework to make up the missed work. She became so stressed about school that she sees a psychologist for school related anxiety.

She fatigues very easily and does not have much energy left after a full school day. The director of the county special education department told us that the law stated that they are not required to serve her on that day, nor are they required to have a teacher help her make up the work.

Can anyone cite this law for me?

Answer 1

the IEP can include a 4 1/2 day school week and her services can be scheduled during that time--

she can also have extended time and reduced work load--i.e--only doing half teh work and still getting full credit

Answer 2

Your school district is acting illegal.

The federal special education law says that the public school districts are required to effectively educate all children with disabilities at the k-12 level (and up to 21 for those who continue to be eligible for applicable and  specifically defined transitory services).

They have to both accommodate and educate your daughter because she does not abandon her disabilities when entering the school house door.

Unlike a college, a public school district does not pick and choose the severity of the person with a disability which they are going to admit and then educate.  

They legally are required to accommodate your daughter--and her disabilities.

I am sorry to hear of the incurred stress and I hope that you fight that sittuation.

Answer 3

I think there is something wrong with this picture.  Individualized educational plans (IEP'S ) are just that, individualized. If you have a physician's order and or a supporting diagnoses for a disease or condition,  I believe they MUST provide services.  Of course, CP, Hypotonia, etc do require physical and occupational therapies.  Why would these not be educationally related? She does not leave her CP, Hypotonia, and Optic nerve hypoplasia at the door of the school, when she enters.

Public schools are required by law to accommodate the health needs of students or you can seek redress. Contact the doctor and get him or her to provide a brief written statement. Additionally,  contact your State Department of Education and talk with them about this. Chronically ill children with medical problems cannot be denied services. I think someone is feeding you a line of bull!

Make them cite the law to you word by word!

Answer 4

You need to put a stop to this now! Contact an advocacy group in your area for legal help. Do not let her do more work than you think is safe for her.Just what can they do if she doesn't get the work done.Demand to see any regulations they cite , in writing. Demand that the school provide the OT and PT. Demand that her IEP include a reduced workload that will not exhaust her. Be as loud and obnoxious as you need to be to force them into writing an IEP with the emphasis on the Individual. Get a lawyer!

Answer 5

I understand your situation, however and I apologize ahead of time because you may not be in a good place to hear this, but often time, children with hypotonic CP will stop benefiting from PT/OT after a certain point.  A child with that type of CP with never develop better tone or energy even with 24 hour a day therapy because the nature of the problem is not muscular, it neurological.   Goals with OT need to be very clear and attainable and should be geared to the child's main role in life.  If it is realistic that a child will make gains with OT in order to improve vision in order to read, or handwriting, or her ability to socialize with peers on a playground, the school OT is indicated.  

I know the doctor has made certain recommendations, but it is up to you to take an honest look at your child and decide what is best for her.  I do not believe in over scheduling children, and I for one will d/c a child from my practice if I find that their quality of life is being disrupted by their schedule more so that from their potential ability to hold their head in midline from a current 5 seconds to hopefully 8 seconds.   Again, I know that no parent wants to hear that child will not overcome her physical disability, however it's important to accept it, and learn how to succeed with it, versus to stress her out by sending her the message that she needs to do more work to catch up to her peers.  She'll be great, she has a concerned and obviously loving parent, don't make life harder by fighting.  Let her know that she's loved just the way she is, and that I promise is better therapy than I as an occupational therapist could ever provide.

Answer 6

Yours is a tough case, because you are not making her available for the services for 1/2 a day per week.  Although this is your right to do (and it does sound necessary), it's not the same as the school simply not providing her service.  For example, we have a Down Syndrome kid with terrible attendance (sometimes due to illness, sometimes because her mother was 'going through things' and can't get the kid on the bus).  The services are scheduled, but she's never there to receive them.  Because the provider was available, but the child was not, no compensatory services are required.  The school's duty was to refer her to truancy to attempt to ensure service provision.

Now your case is different since you will have excused absences.  It does seem like they can work with you-  I would say talk to them directly  human to human to see if any arrangements can be made.  Directors are pretty high up, especially when you talking a county school, and may not even know the professionals you are talking about.  Some people are willing to bend a bit to meet the needs of the child.

And good gravy, how much homework did she get in Kindergarten???  IF she was only out a 1/2 per week, why did it take 2 hours every night?  Perhaps your 1st grade teacher won't have the same philosophy and it won't be as much of an issue.  Also, talk with your child's resource teacher to see if modifications for work are feasible.

On another note, it sounds like your child may qualify for OT and PT services at school also, in which case it would be in your child's IEP as a related service (hah!).  Even if you choose to have her stay with your current provider, they can put your child on 'consult' which means they would help your child's teacher make accommodations for her at school, based on their consultation with your current providers.  They will also help if your child needs physical assistance navigating the school, like walkers, wheelchairs, etc.  It also sounds like her IEP should discuss activity breaks in the school day and info about what to do when she fatigues, and they will be invaluable in that regard.  So they will be another support for you and your child, basically.  All you have to do is submit evaluation data to the OT/PT and they can add their service to your daughter's IEP.

Answer 7

YOu have to know the laws that are used for special ed in schools. It's called IDEA 'individuals with disabilties education act'

The best site to learn about them is www.wrightslaw.com

First thing to do is to write to whoever told you that she won't recieve services for that day and request 'prior written notice' for that decision. They have to have LEGAL reasons for this decision. And they DON"T, so they CAN"T do this.

When you ask for this prior written notice, they should change their minds because they won't put illegal reasons in writing.

Also in this letter, state that you expect 'reimbursement for services' on time that is lost on this day. By law they HAVE to do this.

Make a list of days that have already been lost and send with this.

''They said this is because her physical and occupational therapies are not educationally related. ''

Do YOU think her problems are educationally related? In order for them to help her with these problems you will have to prove to them that these problems DO affect her educationally.

Schools DO offer occupational therapy in schools.

Have you asked the school to provide physical and occupational therapy? If not, and you WANT them to, write to district sped director and request an IEP meeting (you can request one at ANY time and they HAVE to hold it within 10-15 days of your DATED written request)

to ask them to provide these things.

If they refuse this, do as I mentioned above and write and request prior written notice for this refusal.

''She became so stressed about school that she sees a psychologist for school related anxiety.''

Send the school the bill because this is THEIR FAULT.

''The director of the county special education department told us that the law stated that they are not required to serve her on that day, nor are they required to have a teacher help her make up the work.''

Boy I would have a field day with this one! LOL

Write to this person, state exactly what they said, state that you are requesting a copy of this law that supports his statement.

THERE IS NONE.

And since there is none, they can't do this. Also in this letter, request prior written notice for not providing service on this day and also for teacher not helping her make up work.

Prior written notice is VERY important. This will show once and for all if they are telling the LEGAL truth, and if they are not, you will be putting them on the spot and this should make them do all these things, but if not there is more you can do.

Here's a message board of GREAT people that can help you with this

http://www.millermom.proboards107.com/in...

Answer 8

IEP's have little to do with medical issues; they have to do with learning issues (which may or may not include medical issues).  You need to find a child advocate in your area and get help with this before it blows into a huge problem!

Answer 9

They can not deny you an IEP. Often times you get better care out side the school therapy wise. I also have C.P. (spastic quadrapligia). I would suggest getting a represenative from the Euducation department from your state they should be able to advocate for you if your school administration is the problem. I would also suggest either getting a paraperfessional or a resource period in her IEP (it would help with her homework load.) . Demand it you know whats best for her. I also get really stressed out and it became a huge medical problem. I got a doctors note saying that I should have home-bound services part-time because of my stress, that is also an option. I also have a homework time limit in my IEP saying that I can only have an hour worth of homework each day and if anything can't be accomplished in that hour it can't be marked as late.

GOOD LUCK AND BEST WISHES! :)