Can my child have an aide outside of the classroom?

If an aide is needed to support your child in class, it is likely that the school should also provide that aide during school-sponsored extracurricular activities.

For academic activities such as support classes, school-sponsored tutoring, intervention classes, and after-school programs funded by Expanded Learning funds, your student should have the same access as any other student. Once it has been determined that your child is qualified for the program, the school is responsible for providing an aide if they have that support in their IEP.

For non-academic settings, IDEA Sec. 300.117 says, "In providing or arranging for the provision of non-academic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child's IEP team to be appropriate and necessary for the child to participate in non-academic settings."

It is very important to discuss this with your IEP team. Remember that you can request an IEP meeting at any time, such as to discuss this issue, and the school must convene a meeting within 30 days. Alternatively, the administrator and the parent can agree to an addendum over the phone if both agree a meeting is not necessary. For example, your IEP team might agree that the school should provide an aide for school dances or for attending a student club during lunch or after school.

For more information, see our article When Is a School Required to Pay for an Aide?