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IHP with IEP - Are IHPs mandated like IEPs?


KateG
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My daughter (6) is medically complex and has an Individualized Healthcare Plan (IHP) developed alongside her IEP annually.
 
She has not had a finalized IHP since October 2021. I have been more than patient in working with the school to get this done but without success. Quick facts: (1) We are in NJ, (2) She has an IEP which has been finalized for the school year, (3) Medical documentation has been provided, (4) I escalated the issue to the principal months ago. (5) I have not contacted a lawyer because I don't know if IHPs are mandated like IEPs.
 
I don't want to go the legal route without knowing if we have any legs to stand on, which is why I'm here: are NJ schools obligated to formalize an IHP within a timeframe, given medical documentation that my child's condition requires specialized care and staff training to keep her safe while at school?
 
If there is a legal mandate for this, can someone point me to a resource with the legislation? Thank you.
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IEPs are covered under IDEA, 504s are covered under OCR, IHPs do not have any oversight agency or rules to follow.  IMO, the health plan should be in the IEP or be an addendum to the IEP so you can change it w/o needing an IEP meeting but where it's still covered as far as following it goes same as the IEP.  Having it on a 504 also provides protection/oversight.  This sort of thing comes under the school nurse so they are the one to follow-up with.  I'd keep escalating it.  We have a nurse in admin as well as a Pupil Services director who oversees nurses.  You need to go outside of the school to admin if the principal isn't taking care of this.  You could get a lawyer to write a letter but I feel that expense isn't needed at this time.  Meanwhile, keep asking for IHP meetings until you get one that your child's doctor is OK with.

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I am in Ohio so it may be different here. When we first got our son's IHP, his building nurse was out on maternity leave so the district nurse supervisor actually wrote the IHP. Perhaps your district has a nurse supervisor as well who could facilitate this if the building nurse (assuming there is one) has not written it. That is assuming that the building nurse has been given all of the information from the IEP team. It sounds as if it is time to escalate this over the principals office and to the District administration. 

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