My school has told me that I can't get an aide for my child with no legs because she isnt cognitively impaired

Question

First is this true?How do I get an IEP for a child who is physically impaired? I can't get help from my school for this child. Do the parents have to request an IEP? As a teacher I am getting flack from my school. This child needs occupational therepy and physical therepy?

Answer 1

illegal!!!!  Your child does not have to have a cognitive impairment to receive the benefit of an aide.  You, as the parent, have the right to request a child study meeting.  At that meeting, the team will decide if there is reason to go foward with evaluations....OT and PT should definitely be chosen for evals.  The whole process should take a couple of months.  After the evals, the eligibility team will meet and decide if services are warranted...and it sounds like they should be.  After that, the case manager has 30 days to write an IEP.  Insist on what you want for your child.  As a special ed teacher I know how often parents are taken advantage of b/c the admin does not want to pay for the one on ones.  Look up the regs.  If you go to google and type in IDEA (Individuals Dis Education Act) you will find lots of info. Good Luck

Answer 2

I'm sorry your previous answerer feels it is more necessary to show his or her bias rather than to take your question seriously.

To get to your question. In order to have an IEP, there has to be educational relevance. Since your daughter seems to be benefiting from her education, the school district isn't required to offer special education services. Many people feel that the school district needs to provide occupational and physical therapy to all students with physical handicaps. This isn't necessarily true.

However, you might be able to get these services, which are called "related services" under Section 504 of the Individual with Disabilities Education Act. Your child also may be eligible for adapted physical education. Your child meets the first 504 criteria which is a physical or mental impairment which substantially limits a major life activity. In this case that activity is walking.

The first thing that you should do is read up on 504 Plans on the Internet.Your child may or may not be illegible. If you think your daughter is eligible, ask the school to form a child study team to determine if she qualifies for 504 services and what they might be. You are always going to be fighting the education relevance issues.

Finally, 504 regulations prohibit schools from intimidating, coercing, threatening, or discriminating against any person for the purpose of interfering with their rights, or because of their filing of a complaint or participation in an investigation. In other words, you have the right to ask for them to consider help for your child.

Answer 3

You, as the parent, must request an IEP for your child. If your child is in a public school, the administration cannot refuse to help your child. Ask the school for a copy of a booklet called "Educational Rights for Children with Exceptionalities". The booklet may have a different, but similar title, depending on your state. You will need doctor's statements declaring the need for occupational therapy and physical therapy. Please do not give up on this issue. Go to the school principal and ask what help is available for your child. If you don't get any help there, go to your county school board office. Your child has a right to a free education in this country, no matter what her disability or impairment. There are paraprofessionals and aides placed in classrooms for just such purposes as attending children such as your daughter. Good luck to you.

Answer 4

There is a process to follow to get services through special education.  Your child may qualify based on the categories of physical disability or other health impaired.

Fill out a referral page from the special ed department.  Be specific in answering the questions.  Your request is all that is necessary to begin the assessment process.  By law, the teachers must do an assessment and have a meeting with you to go over their results.

If, after you have gone through the steps, you are still denied services, you have the right to appeal.

I don't understand why your school would resist your request, but since you are your child's best advocate, stick with it!!  

caveat-- all of this info applies only to public schools.  Private schools are not required to follow this law.

Best wishes.

Answer 5

No this is not true, What might have to happen is that your child is place in a school for children with Physical disabilities. You have to get letters from her doctors saying that she need these services. Have the doctor's make these request on their prescription pads.  If the services can not be gotten at the school and there is not school to transfer her to the department of education will have to pay to have her be given the services out side of the school system.  Request that prescription from your doctors and than request an IEP conference with the school or district Special education office and let them know what you want.  After you request the conference they have 60 days to do an evaluation and to come up with what they can offer in order to met her needs if you don't agree with them.  You can either request that she be moved to a school for children with physical disabilities or you can request that they provide you with some one out side of the school system.  You also have the alternative of going to the  services or having them come to your house. Which ever is easier to you.  In fact when my daughter had to go out side of  the department of ed for her OT since I'm physically disabled they paid for a cab to pick up up and bring us home.

IF you decided to have her moved to a new school than go on your state's VESID site and find a school that caters to those with her same type of disability.  IF you do this make sure that all of the children in the school have the same cognitive level as your daughter.  As there are a lot of children with physical disabilities who also have developmental disabilities.  Also remind the school system that your daughter is covered under the people with disabilities act and the children's with disabilities Education act of 1974 revised in 1994.  You could if you wanted to make a Federal Case out of it but I don't think that they want you to go there.

Answer 6

What state do you teach in? An aide is often available for children with a physical impairment. I believe a parent has to consent to an IEP, but the CSE process can be started by the teacher, school psychologist etc. If the school is not meeting this child's needs, and it really does not sound like they are, parents need to know their rights, and the number to the state board of education, even if they don't use it, I have seen many miraculous changes to a childs educational rights when a parent merely asks "SHould I call the state board of education to see if there are exceptions to the rule", b/c most schools would prefer not to be audited by the state board. The child needs occupational therapy/physical therapy in a school setting if their education is being impacted by their impairment.  Technically. However, the school I work for does not follow this letter to the law, we tend to provide OT and PT and SLP to any shild with an impairment that can be helped by one or more fo these therapies. Generally speaking it is possible to justify services for just about any kid with a disability, for instance does your student need help with toileting? That is educationally relevent because she is in school all day, and at some point needs to use th restroom.  This is just one example that often gets overlooked when trying to find an educationally relevent reason for services.

P.S. I was, until 6 months ago, a school based occupational therapist. The only reason I left is because we went without a current contract for 4 years, and in N Y state teachers can not strike. I decided that I needed to work somewhere that the administration appreciated their employees. That was four years with no pay increases, but rising contributions to our health insurance, somehow that did not seem fair to me, each year I was bringing home less money.

Answer 7

I agree with Miss Behavior.  Your child might be eligible for Personal Care Attendant through the state.  I am not sure if that is what they are called in all states, but in the state I live in you go through the county health nurse.

A PCA would be able to help with personal care issues. She would also be able to help with transportation, such as navigating in the hall with a wheelchair.  I am a nurse and the young man we take care of needed 1:1 nursing care 24 hours a day.  We escorted him to school.  We did not help him during the school day, as the school provided educational assistance for him, but we were there for his physical needs.  I know what a nightmare it is to try to navigate in the halls with a wheelchair or to find places to do his personal cares.  His school was very accommodating, however.

What kind of flack are you getting from your school?  You have the right to advocate for your child, and not have your job threatened or made difficult for trying to help your child.

Maybe instead of fighting against the school, maybe they can help you find another resource for your child's needs.  Since they aren't reimbursed for this, they aren't going to provide it, but if you a different payor source and point this out to them, they might be willing to help.

Answer 8

You have GOT to be kidding !! I have heard LOTS of crappy stories about schools all over the USA but THIS has GOT to be the worst !

Go to www.schwablearning.org and sign up for free to get help on the parent to parent message board.

They will be GLAD to help and can help every step of the way.

Answer 9

Based on your description, your child is able to use a wheelchair--at least a powered chair.  So she does not need an attendant. Nor would she be entitled to one.

Note--I said she does not need one.  She may need physical therapy--but that is not the schools responsibility.

And--if your child is not cognitively impaird, she should NOT be under an IEP; she shoud be under Section 504, attend regular classes, had be held to the same academic standards as any non-disabled child.  If you do anythingelse--or allow the school to do anything else--you are not acting in your child's best interests.  There is absolutely no reason for her to be restricted to a special curriculum.  

I'm not being unfeeling--I speak from experience.  The toughest thing for a child with a disability--and for the parents--is to make the hard decisions tha twill enable your child to learn to be independant.  Your instinct is to help--to smooth the way--to make it as easy as it can be.

Do it and you will cripple her more than the physical disability.  She MUST learn to be independant--and that is not easy.  But  if you want her to be able to live a happy and productive life--that is what you must do.

Answer 10

This is illegal under IDEA (Individuals with Disability Education Act). If this child needs an aid they have to provide, whether their cognitively impaired or not, their still disabled. You will probably be better off getting the parents involved. If they threaten the school board with a law suit then they will have no choice, but to provide an aid. This is all of course depending on the child's status, has she already been diagnosed as being disabled? If not then she will have to under go  evaluation to determine this. The evaluation must be paid for by the school board whether it is someone they provide or someone the parents wants to do it. Once this occurs and the child is determined to be in need of additional help then you, their teacher, an individual from the school board, and any others who will have a hand in educating the student throughout their school years  will come together and create an Individualized Education Programme for the child. I hope this has help if you would like more info on IDEA act and children with disabilities please email me [e-mail].