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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2 Comments on "Eligibility: IEP EVALUATION DENIAL DUE TO GOOD GRADES"

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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.

“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.

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