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Is Child with Passing Grades Eligible for Special Ed Under IDEA?

06/17/09
by Wrightslaw

My child has struggled in school for years. He hasn’t failed because we provide private tutoring and work with him at home. We asked the school for special ed services. They say he is not eligible because he does not have failing grades. Is this correct?

Nope. The law says just the opposite . . .

. . . that a child does not have to fail to be eligible for special education services.

Failing or Passing Grades

According to IDEA regulation 300.101(c), the school must provide special education to a child with a disability “even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade. (page 204 in Wrightslaw: Special Education Law, 2nd edition).

Eligibility: The Basics

A parent or school staff member may refer a child for an evaluation. IDEA Regulation 300.301(a)(1) – Initial evaluations (pages 92-93 and 240 in Wrightslaw: Special Education Law, 2nd edition).

To determine if a child is eligible for special education and related services, the school is required to do a comprehensive psycho educational evaluation. See IDEA, 1414(b) Evaluation Procedures (page 95-96 in Wrightslaw: Special Education Law, 2nd edition).

Did the school complete a comprehensive evaluation on the child? What were the findings?

Eligibility: Questions to Answer

In determining if a child is eligible for special education and related services, the team that includes the child’s parent needs to answer these questions:

Does the child have a disability? Yes ___No ____

Does the disability affect the child’s educational performance? Yes ___No ____

Does the child need special education and related services. Yes ___No ____

Find Answers to Your Questions

As the parent, YOU represent your child’s interests. YOU need to know what the law says. Do not rely on what others tell you.

If you need answers to questions about referring a child for an evaluation, what an evaluation must include, and parental consent for an evaluation, read pages 92-98 and pages 238-245 in Wrightslaw: Special Education Law, 2nd edition. If you have questions about IEPs, read pages 99-107 and pages 245-251 in Wrightslaw: Special Education Law, 2nd edition.

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79 Comments on "Is Child with Passing Grades Eligible for Special Ed Under IDEA?"


margarita
03/17/2015

What to do if the school denies to do an assessment?

GAJAS
03/16/2015

I have a child who is REQUIRED to take the state graduation tests in order to graduate and has LDs and an IEP. The school knows the student takes longer taking tests (double compared to peers), has LDs affecting reading, conventions, slow to grasp math concepts, short term memory, does better with smaller chunking and yet they will NOT allow any accommodations for the testing. Is this legal? The student makes A’s and B’s, but does NOT test well and become exhausted after 4 hours of testing in one day for five days. What can be done?

Sandy
12/16/2014

My son in grade school was recently diagnosed with seizures. The school is willing to evaluate him for speech services but not OT services. His neurologist has written a script for OT because my son’s hand writing is terrible. We have been paying for OT services at our local hospitals OT rehabilitation unit. The school district has denied OT services because hand writing doesn’t effect his good grades. Can they deny him OT based solely on his grades and what else can we do to get him the services he needs for OT. OT and the neurologist are willing to write why they fell he needs OT.

Cindi
04/21/2015

The problem with OT services is your child cannot qualify for special education solely due to OT needs, there must be a processing disorder and a discrepancy to qualify under Specific Learning Disability. If he qualifies under Speech or Language Impairment, he could also receive OT services.