When Does 1:1 Add-up?

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Presented by:Elvin W. Houston

LRE Analysis

• Can education in the general education classroom with the use of supplemental aids and services can be achieved satisfactorily?

• If not, has the student been included to the maximum extent appropriate?

Daniel R.R. v. State Bd. Of Educ.

874 F.2d 1036 (5th Cir. 1989)

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Supplementary aids and services

“aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate…” 34 C.F.R. §300.42 (emphasis added)

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Common Concerns Related toRequests for 1:1 Aides

Student health & safety

Instructional support

Campus transitions

Behavior

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When Preparing to Address Concerns, Investigate:

• Are we providing current services and supports with fidelity and consistency?

• Does the student follow the existing procedures and utilize existing supports?

• Are academic needs more appropriately addressed through small group instruction?

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ARD Committees Consider:

• Individual student need• Staff to student ratio• Need for support to demonstrate progress• Harmful effects• Dedicated aide vs. an aide who assists

multiple students• Independence plan

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Once the ARDC Has Recommended1:1 Support

• Consider impact on extracurricular activities.

• Make sure the aide understands that he/she works for the school district, not the parent.

• Provide training to teachers, aides and substitute aides that clearly distinguishes teacher and aide responsibilities

• Remember that if you get into a legal dispute, the testimony of the aide may be given considerable weight

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The information presented was created by Walsh, Anderson, Gallegos, Green and Treviño, PC. It is intended to be used for general information only and is not to be considered legal advice. If specific legal advice is sought, consult an attorney.