Last May we signed an IEP for my daughter giving her 3.5 hours of special instruction per day to be delivered by a special-ed teacher or a parapro.
They had in their documents, and knew very well at the time that my daughter does not arrive at school until noon on Tuesdays because she has physical and occupational therapy. She has had this schedule for the past two school years. They also have documented that it is doctor ordered and must occur in the morning, early in the week (She is hypotonic).
We called another IEP last week to adjust her goals and the Director of Special Education of the county was sitting at the table when we arrived (ambush?) and proceeded to inform us that, by law, the school did not have to provide her service hours on Tuesdays because we “choose” to take her out of school. So she will not receive any services on Tuesday (even after she arrives!) and we have been told we are free to take her work home and teach it ourselves (which is what we did all last year).
I fail to see how we “choose” it when it is doctor ordered and related to one of her disabilities.
I asked him to cite the law for me which he hasn’t done yet.
How do I fight this??? I don’t want my child missing 20% of her education. Thanks for your help!
P.S. The school doesn’t provide her PT/OT because it is not educationally necessary. So we get it done privately. Again, it is doctor ordered.
#1 by Travis W on February 26, 2010 - 11:18 pm
An IEP must be followed as much as the school can
however,
if you hold your child out of school for over 1/2 the day, whether it is doctor ordered or not, how can you expect the school to work around your schedule?
Don’t get me wrong, I completely understand your dilemma nad your lack of choice in the matter. I really do. But I also understand that every school has an extreme lack of special education resources, especially special ed teachers, and it’s hard for them to work around someone elses schedule.
Good luck!
#2 by Mr Placid on February 26, 2010 - 11:24 pm
You won’t find much sympathy from the general public. The consensus amongst most everyone is that these IEP’s are abused, and unfairly consume a disproportionate share of educational monies.
Therapy MUST be Tuesday morning? Give me a break.
#3 by remember on February 27, 2010 - 2:15 am
You want your cake and eat it too.
You are taking your child out of school so that she can have PT/OT which you admit is not educational then you complain when she is not getting her education.
You expect the school to give her her Special Education in the afternoon because you took her out in the morning. But the special ed teacher is only available in the morning.
I suggest the following solutions.
#1. You do the PT/OT on Saturdays so she does not miss any school. Then your daughter will get the PT/OT and not miss any school at all nor miss any of the special education in the morning.
#2. You do the PT/OT yourself earlier in the morning so the child does not miss any school.
#3. You do like last year and teach her yourself.
#4 by Onyx on February 27, 2010 - 5:12 am
I hate to say this but FORCE THE ISSUE
How? I would take it to a couple of local newspapers and make it a public political issue. You probably have identified an injustice in the system which could be classified as elitism because your daughter has a medical condition = she has no right to education as others? This type of discrimination should be crushed by public embaressment also like all governments there would be a cover up if you tried to go via departments so i would use the press as your weapon.