Eligibility: IEP EVALUATION DENIAL DUE TO GOOD GRADES

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Tina:  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.

Our son was denied evaluation even before the meeting started. We saw the CTS worker check the box for denial and basically write in her notes for the rest of the meeting instead of listening to what we had to say.

Our son has multiple diagnosis ASD being the top. He was in preschool disabled but was mainstreamed for kindergarten until now (4th grade). The school implemented a 504 in 2nd grade due to his inability to work in a group setting and various other reasons that the 504 has done nothing in measuring his progress etc…
While the 504’s accommodations are terrific we feel that it isn’t enough for him socially and emotionally.
We requested that he have the following evaluations: FBA (to see what his triggers for behavior are) Neuro/Pshyc (for his anxiety leading to behavior), SP (to help better express himself) and OT (for his sensory integration issues)
His current DX is: ASD, ADHD, DBD, SID, GAD, and ODD

We feel with multiple DX he is more than a candidate for evaluation. The school is denying him because his grades are above par and because they haven’t witnessed any behaviors yet this year (even though I have emails since 1st grade that prove it happens each year). We are trying to combat the behavior before it starts as well as give him extra curricular support he needs that he can not have without an IEP present.
My son is suffering. He begs to be homeschooled and is full of anxiety.

Please help me with my verbage to appeal the school’s decision. I know his rights but I can’t seem to get the school to recognize them. They told me that an IEP is only for children who require special needs services. I feel that IDEA regulation 300.101(c), states otherwise.

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Tammy

Tammy: Can an educational entity take away lunch due to challenging behaviors?

sheila

Deny a child food? NO. But have the child eat lunch in an alternative setting, yes.

Marcus

Tammy, no they may not. First contact the school and find out why they took the lunch away. Is this your child that it happened to? If so if he/she has an IEP request for a functional behavioral assessment to get to the bottom of your child’s challenging behaviors. Once that is done Behavioral Intervention Plan is put into place. This details your child behaviors and how school staff can help him to overcome these issues. Taking lunch away is never a good idea because kids are in school for 8 hours and then need to eat.

Marcus

Tina,
Go to the district office and fill out the paperwork to have your son evaluated. Don’t take the paperwork home fill it out right there. Once you sign the school has 60 days to do the testing. Ask for a copy of the results before the meeting. If you disagree with the results you can always request for an independent assessment at the districts expense. Then from there start trying to get your son the IEP that he is entitled to. Hope this helps and good luck.

Sophie

This guidance letter from OSEP about high cognition children with disabilities will help you: http://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/041715gilmantwiceevceptional2q2015.pdf You can get some of the language from that document and you can also attach it. I think there is a corresponding memo at the state level as well, which was sent to all districts. Google “Letter to Delisle” (name of your state).

You might want to give the struggle for an IEP a little rest, just for a while, and try to strengthen the 504 plan. Find an expert to attend your 504 meeting. Share your specific proposals with the committee ahead of the meeting. You may need to have more than one meeting.

Chuck

“special needs” includes dealing with behavior & social skills. Your state parent training & information center can assist you. http://www.parentcenterhub.org/find-your-center/ You may want to consider making a complaint to the state education agency or requesting a due process hearing.

Gina

Tina I am in exactly the same situation now that you were in then…. Did you get resolution? And if so how?

Julia

Same. My daughter just finished her first year in high school with a 3.7, however she had very easy classes which the counselors steered her towards. We met early in school year I went in with my own private testing. They gave me a wait and see period. After no contact 3 months later they said she was doing fine. I actually thought the wait and see period was to see if she would need an IEP or 504 plan. Never did it enter my mind that she would not be offered accommodations.
She has been medicated for ADHD since she was in third grade and the private testing shows her to be ADHD and dyslexic. When at the end of year I again asked for accommodations since next year would be much harder I received a formal letter denying iep, 504 or any testing. She is not a genius, just had easy classes.