Skip to main content

Expert Q&A

Can the school district refuse to provide a service because there is no money for it?

Can a Director of Special Education of a District state that our son will not receive a paraeducator in his class due to funding? His IEP states: “Beau needs paraeducator/adult help to help keep him focused during content area (science and social studies) in the classroom.”

I thought that this IEP is a legal and binding document. Isn’t the funding that Beau brings to this district via his disability diagnosis supposed to help cover this? How can he tell the Special Education teacher that she will not be receiving an aide due to funding issues after she has made the request and it is noted in his IEP as needed?

Please advise, as this is the type of thing that really begins to anger a parent and question what these folks are doing. We sure seem to have enough money to put artwork in the courtyard, but not enough money to implement help with IEP requirements?

Thank you,

Dear Steve,

If the school’s IEP specifically lists the need for a one-to-one aide, the school should not use lack of funds as an excuse for not providing the service. However, it may be important to make sure that the one-to-one is listed on the services page, with actual minutes of service, so there is no doubt or question of the commitment to actually provide it.

Back to Top