Q: Do School administrators have a right to take away support services/metal health services away from special education
Do School administrators have a right to take away support services/metal health services away from special education students.
I'm in a situation with my child was at school he is in a EBD program where metal health services are provided and he wanted a specific teaching assistant that comes to the classroom from time to time for support reasons and the program principal said no even though the program's metal health services are individualized to meet each Students needs. Was the principal allowed to say no?
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- California
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A:
In California, the rights of special education students, including access to mental health services, are governed by both federal and state laws, including the Individuals with Disabilities Education Act (IDEA). These laws mandate that students with disabilities receive a Free Appropriate Public Education (FAPE) that is tailored to their individual needs.
The services and support a child receives are determined by their Individualized Education Program (IEP). This program is developed collaboratively by a team, which typically includes educators, parents, and other professionals. Decisions about the services provided, including mental health support, should be made based on the child's specific needs as outlined in their IEP.
A school administrator does not have the authority to unilaterally change or remove services that have been agreed upon in the IEP. If a parent disagrees with a decision made by a school administrator regarding their child's IEP, they have the right to request an IEP meeting to discuss these concerns or to file a complaint through the appropriate channels in the school district.
If you believe that your child's rights under IDEA or state laws are not being upheld, it may be beneficial to discuss the situation with an attorney experienced in education law or to contact your state's Department of Education for further guidance. Ensuring that your child receives the appropriate services and support is crucial, and there are legal avenues available to address any concerns you may have.
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