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IEP question

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tranquility

Senior Member
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!!!
I believe you are on the right track. But, words have power too. The "grievance process" you talk about is "due process". (Look to #8 and take a class for more jargon.) If you use the correct terms in discussions, it gives you more power. Talk about a grievance process and they might try to placate you; ask about due process and everyone at the table sits up just a little straighter with their hands properly folded. Since you will be here for the rest of your child's education, you might as well learn all the words now.
 


OHRoadwarrior

Senior Member
A point to make in your argument is that if a child outgrows the equipment once, it will happen again. Therefore the equipment is a good investment.
 

usound76

Member
Yes, by grievance process, I meant the "due process hearing". I guess I slipped into work mode while I was typing :)
 

usound76

Member
OP here, back with a similar question, new school district.

I'm the OP of this thread and have a similar problem in our new school district, still in Kentucky.

Our new district doesn't have funds in the budget for a gait trainer. They also want us to provide the one we have at home. The new PT says if we don't let them use (and keep at school) our trainer, we have to have a new ARC meeting to remove gait training from her IEP. Is that an acceptable solution, or should I push back?

Additionally, the PT saying she needs to have a chest harness on her wheelchair for bus transportation. Her reasoning is that "all the other children in wheelchairs have them". To me, this is flawed logic. Am I off base in my thinking on this?

Thanks again in advance!
 

FlyingRon

Senior Member
I know about IEPs. I have never heard of a mainstream school providing physical rehabilitation as part of curriculum.
Well, they do and MUST. Unless there is some other disability that precludes the student from being educated at a regular school the supportive services must be provided there. The IDEA says the student must be accommodated in the least restrictive environment
 

quincy

Senior Member
I'm the OP of this thread and have a similar problem in our new school district, still in Kentucky.

Our new district doesn't have funds in the budget for a gait trainer. They also want us to provide the one we have at home. The new PT says if we don't let them use (and keep at school) our trainer, we have to have a new ARC meeting to remove gait training from her IEP. Is that an acceptable solution, or should I push back?

Additionally, the PT saying she needs to have a chest harness on her wheelchair for bus transportation. Her reasoning is that "all the other children in wheelchairs have them". To me, this is flawed logic. Am I off base in my thinking on this?

Thanks again in advance!
For a similar problem in your new school district, refer back to the advice provided to you in 2013 for handling the problem in your old school district. The advice was sound then and it remains sound today.

Good luck.
 

usound76

Member
I thank you for the response. My main concern is that they just want to remove it from the IEP instead of getting a gait trainer. I wasn't sure if they could do that or not.

My other concern is about the chest harness. It is not medically necessary according to her physician since she has excellent trunk control. She has never had one, and I cannot find anything that states it's required by the district or the state for school bus transportation.
 

FlyingRon

Senior Member
I thank you for the response. My main concern is that they just want to remove it from the IEP instead of getting a gait trainer. I wasn't sure if they could do that or not.

My other concern is about the chest harness. It is not medically necessary according to her physician since she has excellent trunk control. She has never had one, and I cannot find anything that states it's required by the district or the state for school bus transportation.
I would first tell the school that while it is their responsibility to come up wit a suitable gait trainer but if they want to use yours it is incumbent on THEM to come up with a transportation solution not you.

They can not just "remove" things from an IEP.

Similarly, I would push the chest strap issue. Often if the special ed teacher can't help you directly try an OT/PT specialist or your own specialist to show that such is medically required.

There are lawyers who specialize in these sorts of issues, but sometimes it just takes a lot of persistance (I can tell you I stood in the office of the head of advising for my daughter's school until he would meet with me and resolve our issues).
 

I'mTheFather

Senior Member
They will try to remove it from the IEP; however, your agreement and signature is required. You may want to consult with an education attorney in your area.


As for the chest harness, that seems like a reasonable safety measure in my opinion.
 

usound76

Member
I appreciate all of your responses. Would the school have to pay for the chest harness if they insist she have one? Our insurance won't cover the chest harness if it isn't medically necessary. I really don't think "all the other kids have one" is a good reason.
 

I'mTheFather

Senior Member
I appreciate all of your responses. Would the school have to pay for the chest harness if they insist she have one? Our insurance won't cover the chest harness if it isn't medically necessary. I really don't think "all the other kids have one" is a good reason.
Have her doctor write a letter that states the chest harness is unnecessary for bus transport, and present it to school officials.
 

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