Choosing an Aide or Service Provider

Do I have the right to choose my child’s aide or related services provider?

Probably not. In a California case the mother of an 11-year-old boy with autism claimed that the only aide that could adequately meet her son’s classroom needs was the aide that had previously worked with her son in a home-based program. The district claimed that the aide it selected was capable of providing appropriate services because she possessed the necessary qualifications to provide the student with educational benefit. The court agreed with the district. This case means that the district must choose a qualified aide. If, however, the district chooses an aide who has the necessary qualifications to provide the student with educational benefit, then the court will not likely interfere with the district’s choice.

Gellerman v. Calaveras Unified Sch. Dist., 43 Fed. Appx. 28 (9th Cr. 2002)