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Colleen Grady
Colleen Grady, Attorney and Councelor at Law
Category: Education Law
Satisfied Customers: 443
Experience:  Assistant Principal, 17 years in the field of Education
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My 7th grade son has an IEP that states he will have help reading

Customer Question

My 7th grade son has an IEP that states he will have help reading all tests and quizzes. It also states that he will have an aide present in his regular core classes. 4 weeks ago, my son's current aide was fired for a sexual relationship with another student. Our district did not call a substitute aide for the remainder of the school year and they have just told me there will be no special ed aide for my son's 8th grade year because of budget cuts. My son also had to take the big Galileo science and math test without help at all. They told me there wasn't anyone to help him. The special ed teacher and coordinator for our district told me they don't feel my son needs the help in his regular classes anymore because he is doing fine. Can they take the need for an aide out of his IEP without my agreeing to it? And what about them not providing my son with support for his big Galileo tests? Thank you. Jane Finch
Submitted: 5 months ago.
Category: Education Law
Expert:  Colleen Grady replied 5 months ago.
Hello. I will help you with your questions. I have been an attorney for 27 years and I have been in the field of Education for 17 years. Please give me about 10 minutes to prepare a full answer for you.
Customer: replied 5 months ago.
Thank you. I have a class coming in 5 minutes. I won't be able to respond for an hour from now.
Expert:  Colleen Grady replied 5 months ago.
The district cannot do this. They are obligated to get a new aid. They are not in compliance with your son’s IEP.You have the right to challenge this with the Arizona Department of Education (ADE) Special Education Office. This agency offers mediation (34 C.F.R. § 300.506), a due process hearing system (§ 300.507), and a state administrative complaint system through which ADE can investigate alleged violations of the IDEA (§§ 300.151 through 153).If you decide to file a complaint with the ADE, you must do this in writing and must have the following:· A statement that the district has violated a requirement of the IDEA law or Arizona Education Law. You do not have to cite specific law. In this case you would say the school district is no following the IEP agreed upon by the CSE committee.· You need to include in your letter, a statement of the facts just as you explained to me. State that the IEP requires an Aid and the district told you they will not provide a new aid due to budget cuts. Be specific about the names of persons who made these statements to you. If they told you in writing, include this communication.· Make sure to name your child· Make sure this did not happen over a year ago (they will not investigate beyond a year).· You must propose a resolution. You would say you want the aid that the IEP requires.· Make sure you include all your contact information where you can be reached both in writing and by telephone during the day.{C}· Mail this letter by overnight mail signed by you to the Director of Dispute Resolution at the following address: Arizona Department of Education Dispute Resolution Unit 1535 West Jefferson Street Phoenix, Arizona 85007{C}· You must send a copy of this letter to your school district.The ADE has to investigate. They will first contact the school district and try to resolve this informally. They may offer mediation. If mediation does not work, they will have a formal hearing where you can present evidence. Please let me know if you have more questions. I will be happy to help. If you are satisfied with my service, please rate me.

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