My son has cerebral palsy, he has an IEP to get physical therapy at school. He has not had P.T. this year. Do I have a case?

Dolton, IL Viewed 89 times. Posted 8 months ago in Personal Injury

My son is 11 years old. He had surgery Sept. 2008. After the surgery the staff who is in charge of his IEP agreed physical therapy was needed. I was told after I gave copies of his prescription for P.T. from the doctor, therapy would begin. The first 2 scripts were lost by the schools nurses office. I hand delivered the third copy to the district office to expedite services. My son has not received any physical therapy this year. I spoke to the officials of the School board and the principal about this.The district offered to pay for therapy during the summer. I am not satisfied. In the past he received P.T and O.T since he began school, until this year. My son has not made the progress he should as a result of this lapse in his services.

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Answers (1)

Lana Lea Traynor

This attorney is licensed in California and 2 other states. Posted 7 months ago.

While I am not licensed to practice law in your state (and cannot give legal advice to a non-client), I can offer the following general comments regarding this fact pattern:

I need more information, but it sounds as if your son's current IEP sets forth direct physical therapy ("direct" meaning that that the District will provide services directly to your son versus a "consult" from the physical therapist to your son's teacher(s), etc.). If his IEP calls for physical therapy services and the District has not provided the agreed-upon services, then the District has not met its legal obligation under the Individuals with Disabilities Education Improvement Act (IDEIA or IDEA 2004).

Review his IEP. Request an IEP meeting. Your son is entitled to the agreed-upon services.

Good luck.