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Question
I am requesting at school for my son to have a Teacher Aid with him when he goes into first grade. So far from Pre-K and K he has had one now they are saying no. Do I have legal rights as far as getting this for my son. He has meltdowns and isn't potty trained so i feel he needs a aid. Please let me know
Since your son now has an aide, I have to assume that he has an IEP. The final decision concerning a 1 to 1 aide is one that must be made by the IEP Team in an IEP meeting. You are on that team and if you don't agree with their decision, you can refuse to sign the IEP (signing for attendance only). This will make the last signed IEP the "stay put" IEP. This gets complicated when your son is going from kindergarten to first grade. The school can argue that the Stay Put does not apply because he is changing grades and under the stay put IEP he is to be placed in kindergarten.
Ultimately, you may have to file for Due Process if you and the district can not work things out. In this case, you should to be represented by an advocate or an attorney because you will be going up against the school district's lawyer. The school district also has the right to file for Due Process against you if you don't sign the IEP. Here in California, the statistics for Due Process decisions are about 80% against parents that represent themselves, and about 50% for those that are represented. I have filed for Due Process in many states representing my clients and I have been able to settle over 90% of my filings without going to hearing.
Tim Runner, Advocate
Advocates for Kids
Email: timrunner@cox.net
You can learn more at my web site:
www.special-education-answers.com
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Answers by Expert:
Tim Runner
Expertise
Questions concerning autistic student special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, tuition reimbursement for private schools and treatment centers .
Experience
I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients and for other advocates, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in California and various other states.
Education/Credentials
I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in the field of psychology at both the undergraduate and graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.
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