IEP question

[usound76]

What is the name of your state (only U.S. law)? Kentucky

My daughter has an IEP at her public elementary school. Included in this IEP is the use of a gait trainer for mobility assistance. I was informed this week by the school's PT that she has outgrown the school's gait trainer. She told me that in order to fulfill the IEP, I need to bring our personal gait trainer (for home use) to school. Our trainer was purchased through my personal insurance and my own payments. I spoke with the school transportation department and was told that the gait trainer could not be transported from daycare on the school bus for safety reasons, which I completely understand. I told the therapist that I had no way of getting the equipment to and from school every day. She informed me that I need to "just leave it at school permanently then". If I were to do this, she would no longer have the equipment at home. I purchased this trainer for home use, not school use. I was then told that they would not be able to fulfill that aspect of the IEP and that I was "hindering my daughter's educational progress". It is my understanding that it is the school's responsibility to adhere to the child's IEP, and any equipment necessary would be the school's responsibility. The one she has been using up until now was provided by the school. I would like to make sure if I am correct before I go further up the chain of command.

Thank you in advance!

 

[OHRoadwarrior]

Why would a wheelchair not suffice? It is not the schools job to provide rehab services. Where did they get the trainer they have now?

 

[tranquility]

If the gait trainer is in the IEP, IDEA has the school having responsibility to provide assistive technology devices to fulfill the plan. HOWEVER, I've heard schools "revise" the plan in similar situations where the only other option was to repair, replace or purchase a fully operational device as called for in the previous plan.

Think honey versus vinegar. You need to come to a win win that satisfies everyone or will find that you will need an attorney to advocate for your child's needs. While the school is required to assure access to needed equipment, they can be sons-of-guns in fighting what is "needed".

 

[usound76]

She does have a wheelchair. She receives physical, occupational, and speech therapies through the school system via her IEP. Her IEP is set every year through an ARC meeting consisting of myself, all three therapists, the special education teacher, the regular education teacher, the guidance counselor, and the principal (or assistant principal). Her individual educational goals for the year are set at this meeting. The use of a gait trainer is listed under the physical therapy goals. The trainer they have now was provided through the school system (BOE) for use in the educational setting. It is not used only by my daughter, but by several children in the special education class. It is adjustable, but she hit a growth spurt, and is now too tall for the equipment. This is a state funded public school, and is required to abide by Part B of the IDEA of 2004.

Tranquility, I was typing while you posted. I asked about replacing or purchasing the equipment and was told by the PT that is wasn't in her budget. Everyone agrees that the trainer is necessary, but they want me to just hand over the one I purchased to use at home. Then, we are out the money spent and have no access to the trainer outside school hours. I bought this for use in the evenings and on weekends so her therapy is not just M-F.

 

[ecmst12]

It is not the schools job to provide rehab services.

You don't actually know anything at all about IEPs do you.

 

[tranquility]

I understand. But, if you insist you will have problems. Besides, if there has been a change where the previous trainer is insufficient without being damaged, I don't think case law holds the school must replace it immediately. Perhaps the school can help with the transportation department. Negotiate, don't insist. Think of this as a process where everyone can leave the table happy.

 

[LdiJ]

I understand. But, if you insist you will have problems. Besides, if there has been a change where the previous trainer is insufficient without being damaged, I don't think case law holds the school must replace it immediately. Perhaps the school can help with the transportation department. Negotiate, don't insist. Think of this as a process where everyone can leave the table happy.

I disagree to some extent Tranq. Public schools have an obligation to provide certain services/equipment as per IEPs. This appears to be a situation where the budget doesn't allow for a replacement, and therefore the school (or perhaps only the teacher whose budget is effected) is trying to strong arm a parent into providing what the budget currently doesn't allow for. I have been very involved in the public school system in my area, as has my family. I feel that the OP should climb the chain of command in order to ensure that her child is provided what the school is required to provide. A budget can be adjusted.

 

[tranquility]

Services within the IEP that provide for the students access to a free and appropriate education (FAPE) within the least restrictive (LRE) is the minimum requirement that must be met. Budgets cannot be a "reason" for non provision of services or equipment if the IEP team determines that equipment or intervention is needed. Ultimately, if the child needs the equipment to access their education benefit then the equipment needs to be provided at the educational entities expense. The school cannot demand that the family provide assets (their equipment from home) to ensure that the IEP services are provided.

Bottom line, money (or lack of it) is not an arguable position for the school district to take. Adaptive equipment is a common and usual IEP related expenditure. FAPE and LRE must be met, if equipment is needed, then the equipment must be provided or the school district is out of compliance. If the school district is out of compliance then parents have the right to request due process. Address a request for an IEP to the Sped. Dir., ask to have a district level administrator at the IEP meeting who will be able to approve the purchase of needed equipment. The PT does not have the budgetary veto power one way or the other. Either the equipment is needed or not. If needed it must be purchased and every day it is not provided is a day the school district is out of compliance with the IEP. Denial of needed equipment due to cited budget issues is a very common, but very basic, violation of a child's right to FAPE in the LRE. Not much wiggle room for the school. Again, make a courteous written request to have an IEP for your child, a district level administrator will know exactly what you are asking for and things should proceed. Do not let this issue languish and let the school year expire before the needed equipment is provided or you could be seeing this issue stretch out to next fall.

 

[OHRoadwarrior]

You don't actually know anything at all about IEPs do you.

I know about IEPs. I have never heard of a mainstream school providing physical rehabilitation as part of curriculum.

 

[ecmst12]

Which obviously does not in any way mean that they are not required to. My school had a special classroom for profoundly disabled students where they got all kinds of therapy. This was elementary school which was a VERY long time ago so I don't remember details but I definitely remember visiting the room and learning about different kinds of students. Whatever a child with a disability needs in order to get the education they are legally entitled to, they get. Including PT/OT/ST.

 

[usound76]

Thank you all for your replies!

Our elementary school's principal has an "open door" policy so I sent her a very polite email last night about this situation. I have a meeting with her next Wednesday morning about this issue. I am starting with her and moving up the chain of command as necessary. I try to go to every board of education meeting I can, so I am aware of the budget for the BOE. There IS a line-item in the BOE budget for DME equipment, since we have a very large school district. I'm coming at this with the thinking that this piece of equipment is not just for my child, but for any/all children that need it, even after my child moves up in grades and leaves the school. She is in the self contained Sp. Ed. classroom along with 6 other children, 3 of which have gait training in their IEP's. I know of these children's IEP's from the parents themselves, not through any privacy violations, just to be clear. We are a pretty close knit group!

I plan to approach this with "kid-gloves" (no pun intended). I have no intention of going in with "guns blazing" or with any negative attitudes. I just wanted to be sure that I was not reading the IDEA incorrectly or misunderstood anything and made an idiot of myself!

 

[FlyingRon]

Further a 504 action may be advisable here. The schools excuses are lame. By putting in the IEP they even acknowledged the need. There are lawyers who specialize in educational issues but I've found that even our monster school system here starts backtracking on what is "impossible" when you start mentioning 504 actions.

 

[tranquility]

The response under my name at #8 was not written by me, but by a person who participated at the federal and state levels in the creation of the law and who trains parents on how to get access to needed resources. I'd follow her advice and not worry so much about school board or budget issues.

 

[Zigner]

Further a 504 action may be advisable here. The schools excuses are lame. By putting in the IEP they even acknowledged the need. There are lawyers who specialize in educational issues but I've found that even our monster school system here starts backtracking on what is "impossible" when you start mentioning 504 actions.

An IEP has more "teeth" than a 504.

 

[usound76]

An IEP has more "teeth" than a 504.

You are absolutely correct! I have heard that if you violate the IEP provisions, it can bite you back!

There is a grievance process in place, but I would like to resolve this issue diplomatically without any drama. I think if we can sit down and use our heads, this can be worked out. Thank you for all of your help, I will keep you posted! If any of you think of anything else, let me know!!!