Asked on Apr 26th, 2012 on Education Law - New Jersey
More details to this question:
My preschooler has been missing numerous therapies listed in the IEP due to school assemblies and class trips. By law, is the school supposed to make up those therapies? I came across a statement on the internet that this depends on the state regulations. I live in NJ and can''t find any further info that would provide me the answer.
If the services in an IEP are not provided, your child may be entitled to compensatory education. Does your pre-schooler go to pre-school disabled? Was it a situation where your child was seen through Early Intervention and then started receiving therapies from the school district as preschool disabled? So the technical answer may be that yes, those therapies should be "made up" but the school might make a claim that participation in the other activities was therapeutic or educational. Depending on the types of therapies missed, and the number missed, it might be worthwhile objecting to, and seeing if the school district will make those up by extending the school year, if your child does not already receive services through the summer. Its one of those situations where the "squeaky wheel gets the oil" and it certainly can't hurt to squeak !! The IEP is supposed to contain goal and objectives that are to be met through certain specific therapies, and if your child is meeting those goals and objectives, then you might not be able to get the missed sessions made up, but if your child is not, then you should !
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.