Monday, March 31, 2025

When “No 1:1 Support” Isn’t an Option: Advocating for Your Child’s Right to Individualized Assistance

When “No 1:1 Support” Isn’t an Option: Advocating for Your Child’s Right to Individualized Assistance

When “No 1:1 Support” Isn’t an Option: Advocating for Your Child’s Right to Individualized Assistance

If you’re a parent frustrated by a school district’s refusal to consider one-on-one support—especially when your child’s severe disruptive behaviors put them at risk—we invite you to share your nightmare stories from IEP meetings in the comments below. Your experiences are invaluable and can help other families navigate these challenges. Please share this article with others who might be facing similar struggles.

The Critical Need for Individualized Support

When Safety Becomes a Concern

Many parents tell me that their child has a history of elopement or emergencies when left unattended—particularly students with autism or emotional disturbances. For these children, even a brief moment without close supervision can trigger a crisis. One parent described an incident where her child, prone to wandering, was left alone long enough to trigger a safety emergency. In these cases, one-on-one support isn’t simply an “extra” service; it’s essential for keeping your child safe.

Loss of Support After a Transfer

It’s common for a student to transfer from one school—where they previously received one-on-one support—to another that abruptly removes that support. The receiving school may claim that budget limitations or policies prevent them from offering one-on-one aides. However, schools are obligated to provide comparable services based solely on your child’s needs. Any change must be supported by updated, robust data demonstrating that an alternative approach will work effectively. Simply put, the school must base decisions on your child’s unique needs, not on its internal limitations.

The High Cost of Regression

Parents are well aware that discontinuing one-on-one support often leads to significant regression in both academic performance and behavior. Without the individualized prompting and structured guidance, disruptive behaviors can escalate, leading to repeated crises that are far more expensive to manage than maintaining the necessary support. Early intervention and data sharing about these regressions are critical—they can motivate the IEP team to take appropriate action before further harm occurs.

Common Themes from Parent Calls

From countless calls and conversations, several recurring issues have emerged when parents request one-on-one support:

  • Safety and Supervision Concerns: Without individualized support, many children with autism or emotional disturbances are at risk for elopement and other emergencies.
  • Abrupt Loss of Support: Many families report that after transferring schools, the one-on-one aide that once stabilized their child’s behavior is suddenly removed without new data to justify the change.
  • Emotional Toll: Parents often feel apologetic or burdened by their child’s disruptive behavior, even though the real issue is the absence of proper support.
  • Impact on Inclusion: Removing one-on-one support can force a child into a segregated setting, isolating them from non-disabled peers and hindering both their academic progress and social development.
  • Continuity of Care: When a child benefits from external services—such as ABA provided by an RBT at home—those same supports must be mirrored at school. Disruptions in continuity can lead to further behavioral and academic challenges.
  • Legal and Procedural Failures: Parents consistently report that when a school denies one-on-one support, they often don’t receive a detailed Prior Written Notice explaining the decision, which is required under federal law.

The Legal Imperative: FAPE, LRE, and Individualized Supports

Free Appropriate Public Education and the Least Restrictive Environment

At the heart of IDEA is the guarantee that every child with a disability is entitled to a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). This means that if your child can succeed in a general education classroom with the proper supports—such as a one-on-one aide—then those supports must be provided. A blanket policy denying one-on-one support, based on internal budget constraints or policies, fails to meet this legal requirement. Any change in support must be justified with new, substantial data that shows a different approach would be equally effective.

The Service Dog Analogy: Bringing a Service Human Where Needed

Consider the example of a service dog. Whether at a restaurant, in a store, or on public transportation, a service dog is allowed everywhere because it is essential for the person’s independence. Similarly, if your child requires a one-on-one aide—essentially a “service human”—to manage disruptive behaviors and implement a behavior plan, the school must provide that support. Liability concerns cannot serve as a blanket excuse to deny these essential services. If a service animal is allowed to accompany its owner everywhere, then an external provider, such as an RBT, should be permitted on campus if they are necessary for your child’s continuity of care.

Accountability: Prior Written Notice and Legal Remedies

When a school district refuses to provide one-on-one support, they are legally required to issue a detailed Prior Written Notice. This notice must explain the decision by outlining the data and evaluations reviewed, the rationale behind denying individualized support, and why an alternative placement is deemed acceptable. A vague or blanket denial is not enough. If a school fails to provide this level of explanation, it is a serious red flag indicating that your child’s rights under IDEA are being violated.

If the district’s decision is not based on your child’s documented needs, you have legal options. These include mediation, due process hearings, and even seeking an injunction to compel the district to provide the necessary supports. The key is that any modification in services must be grounded in solid, updated data that reflects your child’s current needs.

Practical Steps for Parents

1. Request a Formal IEP Meeting

Submit a written request for an IEP meeting. Clearly state your concerns, include evidence of your child’s history of emergencies and disruptive behavior, and insist that the team review all relevant data. Emphasize that the school is obligated to offer comparable services if one-on-one support has previously been provided.

2. Demand Detailed Prior Written Notice

If the district declines to provide individualized support, demand a comprehensive Prior Written Notice that details the evaluations and data considered, the reasons for denying one-on-one support, and any proposed alternatives. A vague explanation is not acceptable.

3. Gather Independent Evaluations and Data

Document everything. Keep copies of evaluations, behavioral reports, and all communications with the school. Independent evaluations from qualified specialists can substantiate the need for one-on-one support and provide the evidence needed to challenge the school’s decision.

4. Explore Legal Remedies

If the school’s decision remains unsatisfactory, consider legal avenues. This may include filing a state complaint under IDEA or Section 504, requesting mediation, or pursuing a due process hearing. Legal action can compel the district to reconsider its decision if it fails to meet its obligations.

5. Advocate for Continuity Across All Settings

One-on-one support should not be confined to the classroom. If your child relies on individualized assistance for academic success, the same support should extend to social, recreational, and transitional settings—ensuring that your child remains included with their non-disabled peers throughout the school day.

A Case for Flexibility: All Hands on Deck

The goal is to meet your child’s needs by any means necessary. Whether through a school-employed paraprofessional or an external provider (such as an RBT), the focus should be on ensuring continuity of care. The school cannot hide behind rigid policies or budget constraints when your child’s education and safety are at risk. If evidence clearly supports the need for one-on-one support, then that support must be provided—regardless of internal limitations.

Your Advocacy Roadmap

When facing a refusal for one-on-one support, remember these key points:

  • Safety and Continuity: A history of emergencies or disruptive behavior signals a clear need for individualized supervision.
  • Legal Obligations: Under IDEA, the school must provide FAPE in the LRE. Any change in service must be based solely on your child’s needs, backed by new data.
  • Prior Written Notice: The district must provide a detailed explanation for any decision to remove or deny one-on-one support.
  • Service Provider Flexibility: Whether the support comes from an internal aide or an external provider, it must be available when needed. Liability concerns cannot be used as a blanket excuse.
  • Holistic Support: Individualized support should extend beyond the classroom to all school-related activities, ensuring social inclusion and comprehensive care.
  • Your Options: If the district fails to act, legal remedies such as mediation, due process hearings, or injunctions are available to enforce your child’s rights.

Final Thoughts and Call to Action

If your child’s school dismisses your request for one-on-one support—whether by pushing for segregated settings or citing budget constraints—remember that you have legal rights and options. Your child deserves an individualized approach that ensures their safety, academic success, and social inclusion.

For help navigating these challenges, call me at 541-251-0570. As a Utah special education attorney, I am here to guide you through the IEP process, challenge inadequate supports, and ensure that your child receives the full continuum of services under IDEA and Section 504.

Don’t settle for a “one-size-fits-all” approach when your child’s well-being is at stake. Reach out today for a consultation and let’s work together to secure the individualized support your child needs to thrive.

Wednesday, March 26, 2025

He Wasn’t Being Bad—He Was Overwhelmed. The School Expelled Him Anyway.

He Wasn’t Being Bad — He Was Overwhelmed. The School Expelled Him Anyway.

This post is for Utah parents who’ve been blindsided by the school discipline process. You get a call saying your child is suspended—or worse, expelled—and they say it’s because of something serious. A threat. A meltdown. A drawing. A hallway incident.

You ask what’s happening. They mention “zero tolerance” or the “Safe Schools Act.” They don’t mention your child’s IEP. They don’t schedule a team meeting. They just show you the door.

I talk to parents like you every day. I know how confusing and emotional this gets. And I also know: what’s happening is not just unfair—it’s illegal.


Let’s Talk About the Law

If your child has an IEP or 504 Plan, and they are suspended or removed for more than 10 total school days, the school is legally required to hold a manifestation determination meeting.

This meeting must ask two questions:

  • Was the behavior caused by your child’s disability?
  • Did the school fail to follow the IEP?

If the answer to either is yes, the school cannot continue the removal. Instead, they must change the IEP or placement and provide behavior supports. But far too often, the school skips the meeting, or holds it just to rubber-stamp the removal.

This isn’t a technicality. It’s the difference between support and abandonment.


The Red Zone and the Light Switch

When a child with emotional regulation issues becomes overwhelmed, they enter what I call the red zone. Their nervous system is flooded. Their body is tense. They’re past the point of compliance—they’re just trying to survive the moment.

This is when the most defiant or chaotic behavior shows up. This is also when the system tends to punish hardest.

Here’s how I explain it to parents:

Expecting a child in the red zone to make the “right choice” is like flipping a shorted-out light switch. Sometimes the light comes on. Sometimes it doesn’t. But it’s not because the switch is bad—it’s because the wiring is shot.

You wouldn’t punish a light bulb for that. And yet, that’s what schools often do.

These are not calculated choices. These are manifestations of dysregulation. They’re impulsive, reactive, and often beyond the child’s control in that moment.

Punishing that doesn’t fix it. Teaching regulation does.


This Is Bigger Than a Suspension

You may feel ashamed. Or embarrassed. You may even feel like your child is out of control and doesn’t deserve to stay. But here’s the truth:

According to the ACLU, students with IEPs have a 35% chance of incarceration in their lifetime. If they have a single police interaction before graduation, that number jumps to 85%.

This isn’t about excusing behavior. It’s about redirecting it. If we don’t fix it now, we may not get another shot. Because once a child is labeled as dangerous, every future mistake becomes ammunition for exclusion.

They don’t get support. They get pushed out.


So What Can You Do?

If your child is being removed from school and they have an IEP or 504, here’s what I recommend:

  • Request a manifestation determination meeting in writing. Use those words.
  • Ask for all incident reports, emails, and behavior logs related to the event.
  • Document all IEP supports that were skipped before the behavior occurred.
  • Request a Functional Behavior Assessment (FBA) and a new behavior plan if needed.
  • Do not agree to withdraw your child until the team meets.

You don’t have to go to war. But you do need to protect your child’s legal rights and long-term future.


This Isn’t About Defending the Behavior

Let’s be real: your kid might’ve done something disruptive. Maybe even something serious. But that doesn’t mean they’re dangerous. It doesn’t mean they deserve to be discarded.

What they need is help. Structure. A plan. If I get your child “off” on a technicality, but we never figure out why they acted that way or what to do differently next time—then we’ve lost.

This isn’t about winning. It’s about changing course before it’s too late.


If This Is Your Family—Call Me

I help Utah parents navigate manifestation determinations and wrongful school removals. I don’t sugarcoat. I don’t sell false hope. But I do fight for what the law guarantees and what every child deserves.

Mark Adamson
Special Education Attorney
Phone: 541-251-0570

No forms. No fluff. Just answers.


Share This

If you know a parent going through this—or if you’re in a Facebook group or community where this hits home—send this to someone. Copy the link. Post it. Email it. Start the conversation.

Because if we don’t fix this now, the system won’t wait. It’ll move on. And your child will be left behind.

Join the revolution. Demand better.

Monday, December 2, 2019

Now Accepting Clients

I am now accepting new clients 
Please share with your friends and family members.

Mark Adamson
Utah IEP Advocates
(541) 251-0570
Mark@iep.guide

Saturday, August 18, 2018

My next steps

I am very excited about a new turn in my career. In June I established a new law firm called Utah IEP Advocates that will be completely dedicated to providing representation for Utah parents who have children in special education.

In this new venture I will be working with the top Utah academics and experts who specialize in special education related issues. It has been a humbling experience to receive such a generous outpouring of support from so many.

Utah special education is long overdue for reform and I am proud to be leading that charge.

I am currently accepting new clients. I have two primary services that I offer at this time.

The first is IEP development advocacy and consultation. This is where I work with families and schools to encourage them to work better together to discover better outcomes for Utah students. The emphasis of this representation is on healing the relationship between parents and schools by engaging in a collaborative IEP process. The focus of this service is to prevent the need for litigation and attempt to solve problems before they progress.

The second service I offer is representation for parents in due process proceedings against their child's school. When things have progressed beyond the point of negotiation it is important that parents do not give up.

In the past Utah parents have not had any instate legal assistance for this type of litigation. As a result schools have gotten use to operating without any oversight. It has been a very humbling experience to help parents in these proceedings and to see the profound impact my services have upon these children's lives.

Please contact my office if you need any type of assistance on a special education related issue or know someone else who does.

You can reach us by phone or text at 385-495-5099, or email MarkAdamson@UtahIEPadvocates.org

Wednesday, January 31, 2018

Parent IEP Survival Guide

In this video I walk through practical steps parents can take to start collaborating with their IEP team and not against them.

One of the most common mistakes parents make is forgetting to develop the relationship they have with their child's school.  I cannot overemphasize how important this is.  An effective IEP cannot be developed without parents and schools working together as a team.

The video is a little over an hour and a half.  I highly recommend parents to watch it in its entirety.  I discuss so many important concepts that determine whether an IEP will be a success or failure. 

If you cannot finish in one setting come back to finish at a later time.  I would be very grateful if you could share this video with as many parents as possible.


Thursday, August 31, 2017

Why you should never apologize in an IEP meeting

It is natural for a parent to be embarrassed or feel responsible when others bring up inappropriate behavior displayed by their children.  The instinctive reaction to this emotion is to apologize.  Never apologize for your child’s behavior during an IEP meeting.

The desire to discuss parental responsibility for your child’s actions should be avoided during an IEP meeting.  The apology shifts focus away from understanding your child’s behavior, to you becoming a scapegoat.  An example of this exchange would be:

Teacher: “Lately I have noticed that child, has been having difficulty staying still in class and following directions.”

Parent:  “I know, and I am so sorry.  It’s not just at school- it’s happening at home as well.  Things have been hectic lately.  I promise I’ll try harder.”

At this point the IEP teacher will either accept the statement at its face value or will say something to assure the parent that it’s OK.  In either event, the discussion has moved away from your child.

Not apologizing is a very difficult thing to do, but it is important.

Always keep in mind that the IEP meeting is about your child and not you.

IEP meetings are one of the only times in your child’s life when a panel of highly educated professionals will come together to address their needs.  This means that if it is not discussed, it will probably never be understood.

An example of refraining from apologies would be:

Teacher: “Lately I have noticed that child, has been having more difficulty staying still in class and following directions.”

Parent:  “I have noticed that too.  Maybe we should discuss the types of behaviors we’re seeing and develop a plan to address them.”

In this case, the parent has kept the focus squarely upon the child.  Additionally, they have encouraged the team to engage in a discussion that is likely to produce a positive plan of action.

It is frustrating when others do not understand or relate to the difficulties you experience. Children who have disabilities can face frustration on a daily, or even hourly basis.  They often do not have the social and language skills to express their frustration.  When this happens, it is highly likely the child will engage in some type of maladaptive behavior.

Parents should keep this in mind when others share descriptions of these behaviors with them.  Remember, these type of actions are typical, and something that is expected when a child has a disability.

Being a scapegoat is draining--it is something that can deeply affect a parent's identity.
If you are one of these parents, I feel for you. It is my hope that this information will help you and your child through the IEP maze.

I also know that if you refrain from apologizing and begin trying to learn from these experiences, things are likely to get better.

If you would like to learn more about what you can do in these situations, please watch this video I made concerning the topic:


Remember, you are not alone.  There are others who are struggling with these same issues, and if you need additional assistance, I am always an email away.  Mark@iep.guide


Friday, August 25, 2017

Free Salt Lake City IEP Workshops


Special Education services are provided under Federal law.  This means that a child should receive the same type of services anywhere in the nation.  Meaning, the same services should be offered in Los Angeles as they are in Salt Lake City.  This is not the case.

Let us consider the state of special education in the state of Utah: Between 2002-2016 there have only been 7 administrative hearings in the state challenging special education programing.  Based on national averages, this number should be 7-14 per year.  Until now, no one has been standing up and asking what they are entitled to.

 The CDC states that Utah has the highest rate of autism in the country.  According to the number of children receiving special education services for Autism in Utah, they are tied for 36th.  This statistic and the following ones, can be found in this Department of Education Report.

Utah has the highest highest dropout rate in the nation for students with disabilities. The percentage in Utah of students with disabilities who do not graduate because they dropped out is 32.3%; the national average is 11.7%.

Utah ranks 46th in the country for the rate of Special Education delivered in segregated environments. This is almost twice the national average.  Under Federal law children are required to receive special education services in the least restrictive environment.

When children are segregated they can not learn from their typical peers.  Often these services are sold to parents as special programs in special settings.  Where their children will receive customized care tailored to the common experiences that they share with others who have the same disability.

What they really are is an attempt to limit disturbances these children bring to the classroom.  Separate but equal is not equal.

Only Texas and the Washington DC rank lower than Utah for compliance with federal special education law.  (25 other states also fall under the same status). Put simply for a state that holds itself out as caring for families Utah is doing a despicable job taking care of those who have disabilities.

Something has to change.  The lives of thousands of children and their families are being neglected. An entire generation of children with disabilities are being put out into the world without the skills necessary to survive.

I am currently the only special education attorney in the state of Utah who represents parents.  My efforts alone are not enough to change the way special education services are offered in the state.

As a result I have started to organize parents at a grassroots level to educate them on how to get the most from their child's special education program.

The way we change this is by insisting that these children's special education programs be adjusted to conform with the law.  We address this by learning how to make a better Individualized Education Plan (IEP).

I would like to invite you to attend two free workshops I am hosting in the Salt Lake City area.  They are on IEP development and will be a great resource for parents who have children with IEPs.  If you cannot attend please share the links to the event page or this blog post with anyone and everyone who could benefit from this type of programing.

I am doing this free of charge because having parents demand more from their schools will make it easier to represent my clients.

If you are a parent who will be attending I highly encourage you to schedule or reschedule your next IEP meeting to be after September 9th.  Attendance at both events is not required but is highly encouraged.


Here are the links to the events

September 2
Sandy Library
10:30 to 12:30
A Collaborative Approach to Special Education 

September 9
Millcreek Library
1:30 to 4:30
Let's Prepare Together 

Join the revolution and demand the change you want to see in the world.