IEPs and Legal Issues

OT in IEP but no OT at school

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Joined: Aug 20, 2009
Posts: 1
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Posted Aug 20, 2009 at 7:10:41 PM
Subject: OT in IEP but no OT at school

I have just been notified by my child's school that there is no occupational therapist. But when they hire someone "any therapy time missed will be made up when the OT is hired." So my child will be pulled from his classes for his regularly scheduled OT, plus the make up OT and miss potentially a TON of instruction.

Don't I have a right to request the county pay outside OT costs?

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Joined May 05, 2008
Posts: 424

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Posted:Aug 20, 2009 8:09:08 PM

I believe, though i can not say for certain, that if the school can not presently meet the needs of your child that you have the right to insist that they cover the costs for the education outside of school.

Because they have a duty to educate your chld and to provide your child what your child needs. Soooo if they can not do that presently and later he will be missing alot so they can make it up, then i would argue they are not meeting the educational obligation they have to your child.

As for getting your request met with compliance.... Good luck. You will need it. My folks had the same problem at one point with my education and as a result they had to sue. They won. But, typpically they fight you every step of the way as they would rather be stupid and spend your tax dollars on lawyers than education for your child. Don't ask me why i don't have an answer.

But that would be my guess, maybe someone else knows definitively?

Best of luck.

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