The school refuses a one-to-one aide for my child

You asked for an adult beside your child through the school day, and the answer came back as policy: the district does not do one-to-one aides, or an aide would be too restrictive. Not on policy: the team decides supports from your child’s evaluation, your concerns and needs (34 CFR 300.324(a)(1)), and adult support is a supplementary aid the IEP lists when it is needed (34 CFR 300.320(a)(4)). Start by pulling the IEP page or the letter the dispute turns on and writing down today’s date; every move below adds to that record.

By The Advocate Ally, checked against the rules it cites. Sources checked September 16, 2026.

What the rule says

“Supplementary aids and services means aids, services, and other supports that are provided in regular education classes … to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate”
34 CFR 300.42

The IEP names what gets your child into the lesson, and a staffing shortage is not a reason to leave support off it.

What to do this week, in order

Keep a log this week of each moment your child needed an adult and what happened without one: the room, the time, the task.
A week of dated moments, one line each
Gather every outside report that recommends adult support, and hand them in with a dated cover email; the team reviews what you provide.
The reports and the email that delivered them34 CFR 300.305(a)(1)(i)
Put adult support on an IEP meeting agenda and ask, before it, for the data the team relied on when it said no.
The meeting request and the data it drew
At the meeting, ask which supplementary aids and services were considered, since removal from the regular classroom comes only after those fail.
The team’s list, in the meeting notes34 CFR 300.114(a)(2)(ii)
If the team agrees, ask that the IEP name the aide’s training and supervisor, since paraprofessionals work under state rules for both.
The IEP page that names the support34 CFR 300.156(b)(2)(iii)

What to put in writing

Replace what sits in brackets and send it by email, so the date is fixed.

To: The principal, who staffs the building, and the district’s special education director

Dear [Principal’s name],

Please have the IEP team decide whether [Child’s full name] needs one-to-one adult support in [class or setting]. My log from [start date] to [end date] shows [number] moments when my child could not take part without an adult; it is attached with the report from [outside provider]. Before the meeting, send me the data the team used when it last considered adult support, and put the question on the agenda for a date on or near [date]. If the decision is no, I would like it as prior written notice, with the reasons and the records behind it.

Sincerely,
[Your name]

If the answer is no, it arrives as prior written notice: what was refused, why, and the records the district relied on (34 CFR 300.503(b)).

When to escalate, and to whom

Escalate when the written answer is a no, or when the record you built this week draws no answer at all.

The path	The count	How it runs
A state complaint	60 days to a decision	A signed letter to your state education agency about a violation inside the past year; the state decides in writing within 60 days.34 CFR 300.152(a), 300.153(c)
Mediation	Voluntary, at no cost to you	You and the district sit with an impartial mediator the state pays for; it can start before any complaint and may not delay a hearing.34 CFR 300.506(b)
A due process complaint	2 years to file	A hearing before an impartial officer; the district holds a resolution meeting within 15 days, and the decision is due 45 days after the 30-day resolution period.34 CFR 300.507(a)(2), 300.510(a)(1), 300.515(a)

Those counts are IDEA’s; your state may set its own window for due process, and publishes its own complaint form.

This page explains the federal rule, and it does not replace your state’s procedures, or advice from someone qualified to read your file.

Have the pages this dispute is about read back to you, free.

The review reads every page you upload, names the service, goal or wording that is vague or missing, and gives you its page number.

Review my IEP — free

Free, no card. It reads your pages and contacts no one.

Where this comes from

What every IEP carries (34 CFR 300.320)Where supplementary aids get written down.
Supplementary aids and services, defined (34 CFR 300.42)The quotation above, in full.
Least restrictive environment (34 CFR 300.114)Why “too restrictive” cuts the other way.
Prior written notice (34 CFR 300.503)What every no owes you.

When the paragraph needs to become a full letter, the letter templates carry one for each request.