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I teach a regular 3rd grade education class. I have a student who has an IEP for ADHD. This child has behavior problems, anger management problems and problems with peers. I have repeatedly requested an aide for him and have been refused. The parents have not requested one because they don’t know that it is an option.

At a recent IEP meeting, this child was placed in a resource room for help with reading comprehension. I think he could have stayed in a regular classroom with the support of an aide. Is the district correct in denying coverage for this child? I have been told that I can not fill out the paper work that would prove one is needed. The school district is on a mission to dismiss as many aides as possible because of monetary issues.

Thank you

Any school policy which provides a blanket refusal of services to a category of children with disabilities may violate both the IDEA and Section 504 based on the failure to make an individualized determination of services. The determination of needs, whether in relation to an aide or any other service, should be individualized.

In addition, IDEA specifically provides that the IEP may include supports that the child and staff need in order for the child to benefit from education, as determined by the IEP team. See 34 CFR 300.320(a) (4) Parents should be aware of their rights under the special education laws.

When a staff person is directed to follow a school policy that may be inconsistent with the staff member’s perception of the child’s needs and, possibly, the child’s legal rights, they face a difficult personal, professional and legal situation. Consultation with a lawyer and/or a union representative may be necessary. It is beyond the scope of this forum to provide any legal advice.

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