What if the school doesn't provide my child with a 1:1 aide even though it's in the IEP?

If your child has a 1:1 aide written into their IEP, the school is responsible for providing that aide. This includes plans for a substitute aide if their normal aide is absent.

If the school fails to provide the aide and your child is involved in a behavioral or medical emergency as a result, you have some options.

• Most importantly, document the incident. You can do this by sending an email saying what your understanding of the event was and asking the school to clarify if you got it wrong. It may be important for future due process to have this record.

• If your child was injured or injured someone else, you should contact a special education attorney about how to proceed.

• If the school repeatedly fails to provide your child with an aide (or substitute aide) even though it's written into the IEP, you can file a state compliance complaint with the help of an education advocate. For evidence, provide the email correspondence you sent detailing the incident. In the remedies section of the complaint, ask that the CDE order the school to provide a sub whenever the aide is absent; to do so for all students similarly situated; and for the CDE to monitor how often the school does not provide a sub for absent 1:1 aides.

For more information about 1:1 aides, see our full article here.