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laura:  My twins IEP states each one should get 2 30 min sessions in the class and 2 30 min sessions outside the class-however they combine both of them and do it together so instead of one getting 2 30 min sessions they share it so its like they each get 15 min of a session… is this legal- thank you

  1. Laura –

    Is this legal? Probably. Do the IEPs state that the sessions will be one-on-one? If not, it’s perfectly legal for the school to include two (or more) students in the session.

    Under IDEA, IEPs are required to list the frequency, location, and duration of services. They’re not required to – and often don’t – list the grouping size (unless state law specifies to). Parents assume that sessions are on-on-one, when frequently they’re not.

    Let’s move beyond the question of legal, though. You worry that your children are not getting the attention they need. Why not explore this further?

  2. You can ask the service provider about what he/she works on in the sessions with your children, and how he/she makes sure that each child is adequately served. You can arrange to observe a session or two. You can look at the goal(s) attached to the service to determine if progress is being made.

    If you’re still worried your children are being shortchanged after all that, bring your concerns up with the Team. Ask for (or seek out) an evaluation in that area if needed.

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