Why Is School Time Being Used to Reduce Protective Supervision Hours?

If your child receives protective supervision through IHSS and you just got a Notice of Action (NOA) reducing hours because your child is in school, you’re not alone—and you’re right to question it.

Counties often cite school attendance as a reason to cut hours, but school time does not automatically replace protective supervision. Whether that reduction is lawful depends on what the school is actually providing and why your child qualifies for protective supervision in the first place.

What Protective Supervision Is (and Is Not)

Protective supervision is authorized when a child:

• Has a mental impairment or developmental disability
• Is non-self-directing
• Requires 24-hour supervision to prevent injury due to dangerous behaviors

It is not based on:

• Parenting preferences
• Convenience
• General childcare

It is based on constant safety needs, regardless of where the child is.

Why Counties Count School Time

Counties often argue:

• The school is supervising the child during school hours
• Therefore, IHSS supervision is not needed during that time

On paper, this sounds logical. In practice, it’s often wrong.

The key legal question is not whether the child is physically at school—it’s whether the school is providing the same level and purpose of supervision that IHSS protective supervision covers.

School Supervision vs. Protective Supervision

Schools provide supervision to:

• Manage classrooms
• Deliver education
• Meet general student safety requirements

Protective supervision exists to:

• Prevent self-injury or dangerous behavior caused by cognitive impairment
• Provide one-on-one or constant oversight due to safety risks

If your child:

• Requires a dedicated aide
• Has behavior intervention plans (BIPs)
• Has an IEP that addresses safety
• Has a history of elopement, self-harm, or impulsive danger

…then the school is often not replacing protective supervision—it is merely accommodating it.

Common County Errors

Counties frequently make these mistakes:

• Assuming school supervision is equivalent to IHSS supervision
• Ignoring IEPs, BIPs, or incident reports
• Treating protective supervision as “parenting” during school hours
• Reducing hours without evidence of changed need

A reduction must be based on actual evidence, not assumptions.

What the County Must Prove

To lawfully reduce protective supervision due to school attendance, the county must show:

• The child’s dangerous behaviors do not occur during school hours, or
• The school provides constant, individualized supervision specifically addressing those behaviors

If the county cannot show this, the reduction may be improper.

What You Can Do Next

If your NOA reduced hours due to school attendance:

1. File an appeal immediately (and request aid paid pending if eligible)
2. Gather:
   • IEPs and BIPs
   • Incident reports
   • Aide schedules
   • Medical or behavioral evaluations
3. Document how supervision needs continue regardless of school setting

Appeals often succeed when parents clearly show that the need for supervision did not change—only the county’s interpretation did.

The Bottom Line

School attendance alone does not cancel out protective supervision. The law looks at function, behavior, and safety risk, not location.

If your child still requires constant supervision to prevent injury, the county cannot simply subtract hours because your child is in school. When that happens, it’s often an appealable error—not a valid reduction.

If you’re facing a cut like this, acting quickly can protect both your hours and your income.

Need help? In California, the In-Home Supportive Services (IHSS) program provides crucial financial help for families raising children with special needs. American Advocacy Group is on the front lines every day, making positive change happen for people diagnosed with autism, Down syndrome, and a range of diagnoses across the continuum. As a leading advocate for all people with intellectual and developmental disabilities and their families, and the premier provider of the support and services people want and need, we understand the system and know how to take action regarding your best interests.

CONTACT US FOR HELP. Dial (877) 762-0702 or email us at [email protected].