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School misappropriating disabled child's funds (self.legaladvice)

nowetbread が 投稿

My child has a disability and requires a 1:1 paraprofessional in the classroom with her at all times. She has an IEP (which has multiple, very clearly written statements, regarding her requiring the para at all times) and the school receives additional funding for the paraprofessional, this funding was granted to my daughter above and beyond what the school receives for a child with her matrix score. The funding commutes with her if she moves to another school within our district and is documented in her file as funds for her education.

The school has only been providing her with the paraprofessional for 3 hours of the school day. We have had several meetings where I thought this problem was fixed. The school board has spoken to them, but they ignored this and decided to pull the aide back to two hours. They have submitted no data or documentation that my daughter needs less assistance (she has a physical disability and no assistive technology, so her ability to produce work has not changed).

The school district has supplied a written letter to me explicitly stating that my daughter is fully funded for a 1:1 paraprofessional to be with her at all times throughout the day. They have spoken with the school and maybe this time it will stick.

My question is if my daughter has any right to the funding for services that were not used on her. Is there any way that we can have access to this to fund more services for her, at school (possibly more OT or software that would help her)? We are in the US: Florida. Thank you for any advice.

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[–]Sur_Rebuttal 191 ポイント192 ポイント  (4子コメント)

You need the services of an attorney who specializes in special education law to sort through this mess and fight for what your daughter is entitled to under her IEP. Sounds like she may be entitled to some compensatory education for the time that the para was not with her on a 1 to 1 basis but again, this is complex and you should really consider involving an attorney who focuses on special ed law to help you.

[–]nowetbread[S] 60 ポイント61 ポイント  (3子コメント)

Thank you. I didn't know if I was just being a crazy mom or if this was actually a valid complaint. I would be satisfied with her being able to move back to her old school. We have had so many problems with this school. The district is investigating the misappropriation because the department that provided the funding is the one that found the problem and they were not happy. Luckily they have provided me with documentation of everything before the district digs into it more.

[–]chloes1_1968 85 ポイント86 ポイント  (0子コメント)

You have a very valid complaint! An IEP is an enforceable legal binding contract. There are very real penalties for schools that violate them. Do get a lawyer that specializes in this area of law.

[–]garlicisawesome 32 ポイント33 ポイント  (0子コメント)

IANAL but I've worked with children and adults with disabilities for the past 8 years. You are not overreacting.

[–]infinitivephrase 26 ポイント27 ポイント  (0子コメント)

IANAL, public school teacher here, in a state that has massively violated special ed law and is currently in Big Trouble.

You are not overreacting. You need an attorney specialized in this area. I see this kind of thing happen all the time, to children of parents who don't know their rights, and families who are limited in their English proficiency. I teach at the campus where my own child attends, and even with me there, watching, I'm struggling with getting him the services he needs.

You fighting this will not only benefit your child, but other children as well. The more parents who fight this, the more administration will get the message that they can't DO that.

[–]SenorCheaposGato 13 ポイント14 ポイント  (2子コメント)

You need to get in touch with Disability Rights Florida. They will provide you assistance and representation if needed to work with the school district to ensure that they provide the services mandated in your daughter's IEP. In my experience sometimes it's enough to threaten to contact this kind of organization to get a school district to do their legally mandated job.

You're not being unreasonable at all. It's been established that your daughter needs 1:1 services to succeed to the best of her abilities in the educational setting and the school is in violation of IDEA if they refuse to provide services as set out in her IEP.

You need an advocate and your daughter is eligible to receive free advocacy services from this organization. Cal them, explain your situation, and they'll make sure to get you and your daughter the assistance she's legally entitled to.

(Source: I'm an SLP, used to work in a school for kids with severe disabilites/behavioral disorders and now work in a residential facility for adults with severe disabilities. I'm located in Virginia, but this kind of non-profit organization is available in every state AFAIK.)

[–]nowetbread[S] 6 ポイント7 ポイント  (1子コメント)

That is really funny. I was just speaking with a friend that is a lawyer (out of state) and she gave me the same agency info. I am going to contact them Monday, as I called and they are not open on weekends.

[–]SenorCheaposGato 0 ポイント1 ポイント  (0子コメント)

Good--they'll be able to get things sorted for you. I'm sorry you've had to deal with such an awful situation and I wish you and your daughter the best of luck!

[–]JaySuds 27 ポイント28 ポイント  (4子コメント)

Another alternative to lawyering up is filing a complaint with the office of civil rights with the federal department of education.

[–]jmurphy42 35 ポイント36 ポイント  (3子コメント)

Honestly though, a lawyer will likely solve the problem much faster.

[–]JaySuds 22 ポイント23 ポイント  (0子コメント)

Very likely. But an OCR complaint is free and the school district would be notified at the highest levels of the complaint and likely engage some sort internal review and risk management assessment leading to immediate corrective action.

[–]nowetbread[S] 14 ポイント15 ポイント  (1子コメント)

My concern with the lawyer is financial. We are in the income bracket where we don't qualify for any financial assistance, yet it would be very hard for us to afford the services of a lawyer.

[–]bacchic_ritual 16 ポイント17 ポイント  (0子コメント)

Contact your state's equivalent of department of disabilities. Your child should revising funding through them which goes to the school and also be assigned a case work of some sort.

[–]andourfootballteam 4 ポイント5 ポイント  (0子コメント)

Due Process is a fundamental component of IDEA. Contact a lawyer.

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Original Post:

Author: /u/nowetbread

School misappropriating disabled child's funds

My child has a disability and requires a 1:1 paraprofessional in the classroom with her at all times. She has an IEP (which has multiple, very clearly written statements, regarding her requiring the para at all times) and the school receives additional funding for the paraprofessional, this funding was granted to my daughter above and beyond what the school receives for a child with her matrix score. The funding commutes with her if she moves to another school within our district and is documented in her file as funds for her education.

The school has only been providing her with the paraprofessional for 3 hours of the school day. We have had several meetings where I thought this problem was fixed. The school board has spoken to them, but they ignored this and decided to pull the aide back to two hours. They have submitted no data or documentation that my daughter needs less assistance (she has a physical disability and no assistive technology, so her ability to produce work has not changed).

The school district has supplied a written letter to me explicitly stating that my daughter is fully funded for a 1:1 paraprofessional to be with her at all times throughout the day. They have spoken with the school and maybe this time it will stick.

My question is if my daughter has any right to the funding for services that were not used on her. Is there any way that we can have access to this to fund more services for her, at school (possibly more OT or software that would help her)?

[–]ZapopaQuality Contributor 1 ポイント2 ポイント  (1子コメント)

Well the confusion I have is the disconnect between what you say is money that is allocated to your child and what the IEP actually provides for. IEPs can be a little challenging to write and interpret. You believe there is a lot of money specifically allocated to a dedicated full time para. In my experience, (which note is at least a decade or so out of date) money is rarely allocated, resources are. For example the IEP would say that the child would best be served by a full time para, not that MONEY would be allocated for a full time professional.

The meetings that plan the IEP are when these questions get asked, answered, and debated. And money is a factor that goes into it. Trying to sift through your issue it seems like the question is whether you have a solid IEP that requires a full time para and that para is being used in a way that doesn't meet that requirement, or that there is an IEP in place that you don't agree with or you believe SHOULD include a full time dedicated para. Either way the remedy is the same. Calling a meeting to discuss the IEP. It sounds like you do need to talk to a disability advocate to help you sort this out. IEPs are challenging to do in the best of times. This sounds like you have no faith or confidence in the school. You need an advocate to give you a reasonable perspective (although keep in mind there are plenty of bad advocates who are nuts).

Find an advocate, have them go through the IEP with you. Then make a plan with that person to call a meeting and get things on track. But that's prospectively. And doesn't include a pot of money. Good luck.

[–]nowetbread[S] 0 ポイント1 ポイント  (0子コメント)

I am not and never was looking for money. I would like them to make up for the services that were missed.

My daughter's IEP specifically states that she requires a paraprofessional at all times throughout the school day. It includes those words. There isn't much to interpret. Because of the requirement for a 1:1, which only happened after over a year (actually almost 2 years) of data collection and trials, this funding is not provided with the general IDEA funds and the request and disbursement of this funding is made on her behalf through the district, not the individual school. The paperwork for the funding is part of her educational file. That is why the district is involved in this situation. They are the ones investigating the misappropriation, not me. My advocate flat out said they were stealing from my daughter and we should file for damages. I find that a bit crazy and just wanted to ask if she could possibly get services to make up for some regression that has happened this year.