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School Won’t Follow Iep On Tuesdays Because My Daughter Has Medical Appointments.?
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.
Can Iep Services Be Denied Because A Child Has Outside Medical Care?
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?