Making Your Case for One-to-One Aides

By Wayne Steedman, Esq.

A somewhat commonly requested service for a child with disabilities is a "one-to-one aide." Parents who request this service are often times frustrated by the school system's response. Even when a school system agrees to the parents' request, parents may nevertheless find themselves less than satisfied with the results. Therefore, it is important for parents to be clear about exactly what they want for their child, how to get it, and what they expect the outcome to be.

Defining the Term "One-to-One Aide."

As the old saying goes, it is never safe to assume. This warning applies equally to making assumptions about what constitutes a one-to-one aide. It is important to clarify whether the child needs a single individual assigned to him or her throughout the day, or whether the child could be successful with several individuals who rotate through. If the child's IEP does not specify a single individual dedicated to working with the child, the result could be any one of a number of combinations. Clarify also in what settings the aide will be needed. That is, does the child need the aide throughout the course of the day, or are there only specific classes or times in which the aide is needed? The classroom teacher must also be informed of the aide's assignment and not "pull" the aide from the assigned child to work with another child or group. The child may only need the aide for transitions (class change, etc.), in which case the issue of ensuring that the child does not miss class time while waiting for the aide to arrive must be addressed. It is doubtful that a school would hire an aide only for transitions. Rather, the school would most likely rely on existing personnel. However, existing personnel likely have other duties which could interfere with providing a timely transition for the student. Having a child leave class early or arrive late to the next class, even if that is identified as an accommodation in the child's IEP, is not acceptable according to the United States Department of Education. Thus, parents and school personnel must be clear about what they mean when they agree that the child requires a one-to-one aide.

Defining the Role of the One-to-One Aide.

As with defining the term, there should be no assumptions about the role of the one-to-one aide. One-to-one aides are assigned to children for a variety of reasons: behavior management, instructional support, activities of daily living (i.e., toileting, dressing, hygiene, etc.), social skills training, task redirection, discreet trial training, etc. The fact is, if the child needs the support of a one-to-one aide in order to receive a free appropriate public education, the aide should be assigned no matter what the task.

Qualifications of the One-to-One Aide.

One of the thorniest issues relating to one-to-one aides is the qualifications of the aide. It is here that a word of caution must be noted: "Be careful what you wish for." Not surprising, parents want an individual highly skilled and qualified to be the aide. Although cost is not supposed to be a deciding factor, school systems face a significant added expense when an aide is hired. The Supreme Court ruled in Cedar Rapids Community School District v. Garrett F., that even a small school district could not refuse a quadriplegic child a one-to-one nurse because of costs. Notwithstanding Garrett F., cost is bound to be a factor, albeit, an unmentioned one, whenever the qualifications of a one-to-one aide are debated. Some school systems hire aides whom they pay minimum wage and offer no benefits. It is doubtful that a truly qualified individual could be hired under such conditions. Hiring decisions generally do not fall within the purview of the IDEA. Thus, hearing officers and courts are reluctant to even consider a challenge to an aide's qualifications, that is, unless it is clear that the aide must have specific skills or knowledge in order for the child to receive a free appropriate public education. So, for example, an aide who is expected to implement a program of applied behavioral analysis (ABA) to an autistic child will require specific training and ongoing supervision. Similarly, an aide who is expected to provide instructional support will need skill and knowledge in the specific teaching methodologies employed by the classroom teacher(s). Parents' success in obtaining an aide with the qualifications they consider necessary will turn on how specific the IEP is in defining the child's needs and how clearly the aide's role is defined in addressing those needs.

How do Parents Make a Case for a One-to-One Aide?

The rule to remember in seeking any service, program, or placement is that a school district is only required to provide those services, program, or placement necessary to enable the child to receive a free appropriate public education (FAPE). The IEP is the vehicle by which a FAPE is delivered. Thus, the IEP must identify special education, related services, and supplementary aids and services necessary to ensure the provision of a FAPE. A one-to-one aide has been identified as a related service as well as a supplementary aid or service. How it is identified seems hardly worthy of debate; more importantly is how it is decided to include a one-to-one aide in the IEP. Generally, such a decision is based upon the child's needs. Needs are determined by an evaluation of the child. An evaluation consists of standardized assessments, parent input, classroom observations, teacher input, etc. The evaluation is the foundation upon which the IEP is built. Without a thorough and comprehensive evaluation, the IEP will almost assuredly be inadequate to meet the child's needs. Thus, it is the evaluation which will define not only the child's needs, but ultimately the services, program and placement the child will receive.

Because inordinate weight is often vested in the standardized assessments, it is important to review any assessments very carefully and seek clarification if you do not understand any aspect of the report. It is far too difficult to adequately review an assessment during the course of an IEP meeting. Therefore, it is advisable to obtain the report(s) in advance of the meeting. (The same is true of any draft IEP.) If you believe that the assessments completed by the school system are insufficient or inaccurate, you may obtain a private assessment. The school system is required to "consider" any private evaluations you provide them. Keep in mind "consider" does not mean accept or embrace. However, if a school system rejects the recommendations contained in a privately obtained assessment, it must state the reasons. The importance of a classroom observation as a part of the private evaluation cannot be overstated. This can be performed by the individual conducting the assessment, or by an educational consultant. More than one observation and consultation with the classroom teacher are strongly recommended. This provides more sources of information and gives greater weight to the recommendations flowing from the evaluation. You may also request an independent educational evaluation to be completed at the school system's expense. If you do, the school system must either agree to your request or request a Due Process Hearing to defend the accuracy of it's assessment(s). The bottom line is that whether your child needs a one-to-one aide will often be determined by the results of the evaluation whether completed by the school system or obtained privately. So be sure the evaluation provides a complete description of you child's educational needs.

Wayne Steedman, Esq. is a partner in the law firm of Callegary & Steedman, P.A. His practice is devoted primarily to the representation of children with disabilities. In addition to his law degree, Mr. Steedman has a Masters degree in social work from the University of Maryland School of Social Work. Prior to practicing law, Mr. Steedman was in charge of the clinical treatment program at the Forbush School at Shepherd Pratt Hospital where he was employed for more than 20 years. Additionally he served for approximately ten years as a Due Process Hearing officer in special education cases. To contact Mr. Steedman, please send an e-mail to steedman@specialchild.com or visit his website at http://www.callegarysteedman.com.

The Legal Files are provided by Special Child, The Resource Foundation for Children with Challenges, and Callegary & Steedman, P.A., for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.