my son has qualified for OT but cannot use it because our school district says he doesnot qualified for special education. according to what i have been told he must be in SP.ED. does anyone know what the law is on this matter. we live texas if that helps.
2006-12-03 05:24:26 · 4 answers · asked by Anonymous in Education & Reference ➔ Special Education
My understanding of the law is that OT is a RELATED SERVICE, meaning you have to prove that the student has a qualifying disability and the OT will come with the special education services. The rationale I believe is that OT is a fairly expensive service for schools. To provide that to every kid who needs it but does not display an educational impact would be prohibitive. You can probably pursue OT through your medical carrier in order to work on whatever skills your child needs. Hope this helps.
2006-12-03 05:36:14 · answer #1 · answered by baldisbeautiful 5 · 0⤊ 0⤋
What did your son qualify for? Was it fine motor, visual motor, visual perceptual, etc? Is it an area that is affecting his academic performance? Review the IDEIA, and see if he fits into any of the categories under OHI (Other Health Impaired). If his deficit impairs his ability to write legibly, you might be able to get him in for that under the written language section. As of about 2 years ago OT was granted the right to "stand alone" but it still has to fall under the qualifying areas. He can also be seen under a 504. Districts often don't like to do 504s because they get no reimbursement for them, and the student still needs to fit into one of the qualifying areas. Bottom line: IF the deficit affects academics, then the district MUST provide. IF the deficit does not affect academics, the district doesn't have to provide AND the OT is not allowed to provide. A school based OT can ONLY provide OT services if academics are affected. It is against the law for an OT to provide therapy for a nonacademic need. Doesn't mean your child doesn't need OT. He will just have to get it from a hospital or private based OT. I know it's very confusing. I hope I helped at least a little. Good luck.
2006-12-03 20:15:10 · answer #2 · answered by Anonymous · 1⤊ 0⤋
well, these things are very tricky, especially if you have to fight against the school district. the best thing for you to do would be to consult a lawyer about it, because if your son qualifies for OT and the school district will not allow him to be in special education, then they are hindering him. I'm not an expert though, but I am in a disabilities class right now, so I kind of know some things about your problem. The only thing is that I don't know if Texas has any special laws or what, but that would be something you could ask your lawyer about. Have you tried talking to the school board?
2006-12-03 13:35:45 · answer #3 · answered by Katie Jo 3 · 0⤊ 0⤋
OT is for students who are special ed. If yur child is a 504 and falls under the American with Disabilities act he could also get OT. Do you knwo if he qualifies for a 504? Does he have a disability that interferes with his ability to get an education? If so your in business.
Good ;luck hoe this helped.
2006-12-03 18:42:05 · answer #4 · answered by itsgood2b_king 2 · 1⤊ 0⤋