Discontinuing Services? Not So Fast!!

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school girl writingMy 12 yr old daughter has had an IEP for 5 years for deficits in written communication skills.  A year before we were scheduled for a triennial evaluation, the school requested a data review.

Since she makes As and does well in school, the school intends to drop her IEP and discontinue services.

NOT SO FAST!

The school cannot unilaterally discontinue your daughter’s special education services unless you go along.

You need to be an effective advocate for your daughter.

Learn the legal requirements for eligibility.

Make sure you understand how eligibility decisions are made.

Comprehensive Evaluation

Before the school determined that your child WAS eligible for special ed services, they were required to do a comprehensive evaluation and assess all areas of suspected disability.

Before the school can determine that your daughter is NOT eligible for special ed services, they are required to do a comprehensive evaluation and assess all areas of suspected disability.

Has the school completed this comprehensive evaluation?

  • Do you have a copy?
  • Do you agree with the findings?

If you don’t agree, you may need to get an independent educational evaluation.

Please read this article about “Terminating Eligibility” now!

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4 Comments on "Discontinuing Services? Not So Fast!!"

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We actually asked for a IEE but the school put it in as a reevaluation. They are saying my daughter is not eligible and are planning on having the meeting when we are not in the country. We told them that the only week we could not do it was one week and they said they are going ahead without us.

There is way too much court precedence already set on this issue. They may not legally have the IEP without you when you have told them you cannot be there. Get help from advocacy group or do your own research and give them the facts you found. Request the districts special education director get involved also.

The school must give you more than one opportunity to meet at a mutually agreed upon time and place. Whether the IEE is used as a reevaluation or not, it must be Independent, not done by someone employed by the district.

Oh no..no..no…contact Protection and Advocacy in your state’s capitol. Possibly Department for Behavior health division. Inform them ofthe situation and they can guide you to next steps.

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