One on One Aide Question...

Discussion in 'Special Ed 101' started by TennesseePrincess, Sep 29, 2007.

  1. TennesseePrincess

    TennesseePrincess New Member

    Howdy Ya'll....
    I'm somewhat new to this forum. I joined sometime last year, but had to re-register since I forgot my sign in info.

    I have a 9 yr old daughter who is multi handicapped. Wheelchair, no speech, developmentally delayed, seizures, severe allergies (peanuts, soybean, eggs, whey, orange and tomatoe) and has some feeding issues.

    She's in a LRE class of 12 children. Yes, 12 children!! With only a teacher, and three aides. The teacher agrees that she needs more staff since the majority of the children are one on one, but the school doesn't listen to her. Instead of getting more staff, they ended up adding more children. Which brought it up to 12.

    We have a meeting on monday, and I am ready to blow a headgasket. I have one other parent who's child is the same level as mine and she has had a meeting already. But I don't know how far she got. We are the only parents who seem concerned with the staffing issue. The others either don't care, or just assume its being done.

    My daughter's IEP states one on one, but I know for a fact that there is no way its being met with the limited staff. The teacher told me they do not have time or the staff to bring kids to specials (adapted gym, art, music)

    Their excuse is there is no money in the budget. I already discovered (from this forum that I had noted from before on my last visit) that according to IDEA and 504, the federal isn't concerned with "budgets". If a childs needs are not being met, one way or the other the school district has to correct it.

    Any input would be greatly appreciated!!!
  2. Sheila

    Sheila Moderator

    Getting an IEP is sometimes the easy part; getting it implemented can be just as trying....

    Meetings are fine and can be productive, but non-compliance issues such as this need to be reduced to writing and sent certified mail to the school district's Special Education Director and/or Superintendent.

    If you end up having to file a complaint about the IEP not being implemented with the school district, your state education agency or the US Department of Education, you'll need written documentation -- he said/she said won't get it. Another enforcement option is due process, but again written documentation will be required to experience success.

    Also, hiring appropriate staff is not within the teacher's control so this is an area where parents may be able to help the teacher.

    Special education and related services "at no cost to the parent" is repeated throughout IDEA. The following is probably in the regs more than once also. lol

    § 300.103 FAPE—methods and payments.
    (a) Each State may use whatever State,
    local, Federal, and private sources of
    support are available in the State to
    meet the requirements of this part. For
    example, if it is necessary to place a
    child with a disability in a residential
    facility, a State could use joint
    agreements between the agencies
    involved for sharing the cost of that
    (c) Consistent with § 300.323(c), the
    State must ensure that there is no delay
    in implementing a child’s IEP, including
    any case in which the payment source
    for providing or paying for special
    education and related services to the
    child is being determined.
    [emphasis added]
    (Approved by the Office of Management and
    Budget under control number 1820–0030)
    (Authority: 20 U.S.C. 1401(8), 1412(a)(1)).
  3. Martie

    Martie Moderator


    If I were you, before I write the certified letter, I would go over the IEP very carefully and figure out EXACTLY what you think is not being done. Then the trick is to prove it. If your child is 100% one-on-one, then it is fairly easily because unless one of the three aides is devoted solely to your child, then there is no way the IEP is being carried out as written.

    IEPs can be a real pain for staff (yes, I did write that) if a parent gets a SMART IEP and then follows up on monitoring all the details.

    For example: unlike for mildly disabled students, "specials" should have goals. It is a good question what those goals are and what progress is being made toward meeting them. Obviously, if the child is not there, no progress is being made. However, it may be easier to show, "no progress," than no attendance UNTIL you can get the specials teachers in an IEP meeting and ask each to describe your child's progress in reference to specific goals, what she likes about the class, any problems, etc. Stressed teachers have been known to blurt out, "I've never seen your child," in these situations rather than stick to the agreed upon lie.

    My main point is make your letter of complaint highly specific in reference to the written IEP rather than a generalized complaint about lack of staff. As unfair as it sounds, you cannot complain on behalf of the other children: All you can do is note deficiencies in implementation of your child's IEP. Since the squeaky wheel gets the grease, it is not beyond my imagination that a child of a less informed parent will lose out because you win for your daughter. in my opinion the solution here is to educate the other parent, NOT for you to back down and accept less than was written into your child's IEP.

    Be prepared at subsequent IEP meetings for the staff to collectively try to decide your daughter needs "less" to bring what they are offering in line with their resources, not your daughter's individual needs. The way to respond to this is to ask for objective progress monitoring (not teacher opinion) in regard to the level at which the goals are met. If your daughter is not meeting stated goals, then it is unlikely that there is any valid reason to reduce services.


  4. TennesseePrincess

    TennesseePrincess New Member

    Thank You for your input!!!

    We had our meeting, and was informed by the SPED director that my daughter's IEP does not have 1:1 in it. EVen though clearly there a places were is says one on one staff or one on one assistance. Hmmmmmm...interesting.

    I told him, "but it does say one on one in her IEP." His response is that ,"no its not. And we can't offer it."

    The teacher offered us to try a one on two for specials and see how it goes. I signed the IEP, and feel now that I shouldn't have. But also figure I can call an IEP anytime.

    Out of frustration I have contacted our local Senator, who is now going to have the Dept. of Education look into the matter and see what assistance is available.

    I am feeling frustrated and overwhelmed at this point, and feel that the only way they are going to understand is for me to play hardball with them.