Expert: Tim Runner - 9/1/2011

Question
I may need to seek legal advice and My question is my daughter transfer to a new school district.and she is in the 6th grade. She had a 1:1 aide and now they are giving her per the Interim placement, a paraprofessional who comes into her classroom each period for 15 minutes for suport. They say this is comparable. We are going to have the 30 placement meeting end of September. My question is if I do not agree to this at this meeting and not signed the IEP, will they have to give her the 1:1 aide till they file? Thank you
Tammy Thomas

Answer
-- Tammy,

The law clearly states that the new school district must provide a new student entering the district with all the services and accommodations contained in the IEP the student had with their previous district. The new district is to hold an IEP within 30 days. At this time they can propose changes, but the changes have to be acceptable to the parents.

Based on what you stated, the new district is obligated to provide a full time 1-to1 Aide for your daughter. Any proposed reductions in this must be accompanied by assessment results as well as the student having met all applicable goals. In your case, it is more difficult to determine what Aide services are required. But their rational to you that 15 minutes is comparable to full time does not even pass the "laugh test" (not laughing when one hears it).

My suggestion to you is, if everything else in the IEP is OK, then sign it, but state on it by where you sign, you do not agree with the reduction in Aide services. (If need be, you can also exclude anything else that you don't agree with.) The district is legally required to continue the services called for on the last parent signed IEP. When you do this, the District can file for a Due Process Hearing against you claiming their offer is valid, but given what you have said, their chances of winning are not good.

You need to put everything in writing. Send an letter stating you do not agree with their statement to you that 15 minutes per day is equivalent to full time Aide services. Also make an audio recording of the IEP (good idea to do this for all IEPs). You have to notify the school at least one school day in advance that you intend to do this.

I hope all goes well for you, but if they file you will need the services of an Advocate (I'm available) to fight them.

I wish you and your daughter the best,
Tim Runner, Advocate
Advocates for Kids
Email: timrunner@gmail.com
Phone: (949) 582-3601
You can learn more at my web site:
www.special-education-answers.com