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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Education Law
Satisfied Customers: 115462
Experience:  Attorney handling education matters.
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Grandson has trach on ventlator when asleep or when oxygen

Customer Question

Grandson has trach on ventlator when asleep or when oxygen below 95. School said last year they could not pay for his nurse insurance would not pay said the school had to pay for nurse when in school. They said they would hire his nurse as an aide and she would have her eyes on him at all times. It worked fine but this year they assigned her 2 more children to help with. This is a developemental center these children are all disabled. And special needs childen.we know that she can not keep her eyes on ayden at all times with these other responsibilities and the principle said she is his employee which is true his dad is concern for his life so he had to take him out of school ayden is 7 years old and this is so unfair to him what are is rights under idea thank you for your help Carol
Submitted: 1 year ago.
Category: Education Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The school must provide care necessary for each student within the scope and rules of the Individuals with Disabilities in Education Act (IDEA) and if they cannot afford to do so, then they have to pay to send the child to another facility where he can get the proper care. So if the school is not providing him proper care, they are violating the IDEA and you can file a complaint first to the state board of education and if they cannot resolve the matter you could sue the school for failure to provide proper and necessary care.