Eligibility: IEP TEAM WANTS SERVICES, SCHOOL SAYS EVAL IS NEEDED

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Julie:  I would like some legal clarification. If a student has an IEP for a Speech and Language impairment (receptive language), and the IEP team feels that additional academics services are warranted, isn’t it the legal right to have those additional services? We are being told by administration that they need to be evaluated and found eligible for another area of eligibility (i.e. SLD) in order to access resource room or teacher consultant services.

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Yes, if the IEP team writes a service into the IEP, the school is legally bound by that and must provide the service. Make sure you have a good paper trail — email is your friend — and contact your state special ed oversight office.

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