We have just moved to NC and my son started a new school. His previous IEP from Massachusetts which provided for a 1:1 aide.At the new school, they have already refused 1:1 via written letter, with no reason listed, however they did tell us because they had no resources. Being new and anxious my son scratched some of the other kids. The school asked us how they could prevent this and we said that he needed 1:1 as per his IEP. After 3 days at the new school, he has now been suspended for 2 days as he attacked others 15 times on Wednesday. The school intimated that they will be doing another IEP this coming week. I need some support through what is happening here. We are completely blindsided by the lack of support and the unfairness of it all, but more specifically what we should do and what we can “demand”. Thanks. Speak soon. Antoinette
Answer:
First, I'm truly sorry for what you're going through. Moving and navigating a new school system is incredibly stressful, and it's disheartening to see your son facing challenges and being suspended so soon.
I want to address the key points from your situation and offer some support and strategies as you prepare for the upcoming IEP meeting:
Understanding the Legal Context:
When you move states, the receiving school district is not legally required to implement the previous IEP exactly as it was. They are, however, required to provide comparable services until a new IEP is developed. The refusal of a 1:1 aide without a reason in writing, aside from lack of resources, may be worth challenging.
IDEA (Individuals with Disabilities Education Act) mandates that your child is entitled to a free and appropriate public education (FAPE), and if his current needs indicate that a 1:1 aide is critical for safety and success, this must be addressed. You have the right to request data, assessments, and specific reasons why they believe a 1:1 is not justified.
Immediate Steps to Take:
Formal Written Requests: Request a Functional Behavioral Assessment (FBA) in writing immediately to better understand and document the triggers for your son’s behaviors. This will provide concrete data and may bolster the case for additional supports, including a 1:1 aide.
If you disagree with their assessments, you have the right to request an IEE at public expense
Bring Data: Gather any documentation from his previous school, including progress reports and any data that demonstrate how the 1:1 aide contributed to his safety and ability to access learning. Highlight that removing this support has already led to significant behavioral escalations (Check out MODULE 7 in the Champions Course, there is a whole module on IEPs for you to review).
Building Your Case Respectfully: It’s essential to enter the IEP meeting prepared but not combative. While it’s incredibly emotional, aim for a collaborative stance. Document every incident, request data, and focus on how the school's refusal of a 1:1 aide impacts FAPE.
Key Questions and Demands:
Placement Options: What are the available options if the school cannot meet his needs with current resources? Ask if there is a possibility for a special needs private placement at the district's expense due to their stated resource limitations
Behavior Data: Request all data on his behaviors since joining the school (e.g., ABC—Antecedent, Behavior, Consequence—data). This can clarify triggers and show patterns that reinforce the need for additional support
Immediate Support: What interim measures can the school put in place to ensure your son’s safety and that of his peers while longer-term decisions are being made?
Remember, while it is exhausting and heartbreaking to face these challenges, you have the right to advocate for your son’s needs and safety.
And for your own mindset - I "CHOOSE" to believe we are all on the same side and want to help your son be the best version of himself.
Sending strength, and I’m here if you need more guidance as you navigate this.
xo Michelle
First, I’m truly sorry for what you’re going through. Moving and navigating a new school system is incredibly stressful, and it’s disheartening to see your son facing challenges and being suspended so soon.
I want to address the key points from your situation and offer some support and strategies as you prepare for the upcoming IEP meeting:
Understanding the Legal Context:
When you move states, the receiving school district is not legally required to implement the previous IEP exactly as it was. They are, however, required to provide comparable services until a new IEP is developed. The refusal of a 1:1 aide without a reason in writing, aside from lack of resources, may be worth challenging.
IDEA (Individuals with Disabilities Education Act) mandates that your child is entitled to a free and appropriate public education (FAPE), and if his current needs indicate that a 1:1 aide is critical for safety and success, this must be addressed. You have the right to request data, assessments, and specific reasons why they believe a 1:1 is not justified.
Immediate Steps to Take:
Formal Written Requests: Request a Functional Behavioral Assessment (FBA) in writing immediately to better understand and document the triggers for your son’s behaviors. This will provide concrete data and may bolster the case for additional supports, including a 1:1 aide.
If you disagree with their assessments, you have the right to request an IEE at public expense
Bring Data: Gather any documentation from his previous school, including progress reports and any data that demonstrate how the 1:1 aide contributed to his safety and ability to access learning. Highlight that removing this support has already led to significant behavioral escalations (Check out MODULE 7 in the Champions Course, there is a whole module on IEPs for you to review).
Building Your Case Respectfully: It’s essential to enter the IEP meeting prepared but not combative. While it’s incredibly emotional, aim for a collaborative stance. Document every incident, request data, and focus on how the school’s refusal of a 1:1 aide impacts FAPE.
Key Questions and Demands:
Placement Options: What are the available options if the school cannot meet his needs with current resources? Ask if there is a possibility for a special needs private placement at the district’s expense due to their stated resource limitations
Behavior Data: Request all data on his behaviors since joining the school (e.g., ABC—Antecedent, Behavior, Consequence—data). This can clarify triggers and show patterns that reinforce the need for additional support
Immediate Support: What interim measures can the school put in place to ensure your son’s safety and that of his peers while longer-term decisions are being made?
Remember, while it is exhausting and heartbreaking to face these challenges, you have the right to advocate for your son’s needs and safety.
And for your own mindset – I “CHOOSE” to believe we are all on the same side and want to help your son be the best version of himself.
Sending strength, and I’m here if you need more guidance as you navigate this.
xo Michelle