Educational Benefit: HOW TO SHOW AN EDUCATIONAL IMPACT?

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Loren:  My daughter age 17 in 11th grade has had an IEP since 5th grade. This year the removed her IEP without my signature because they said she can access the curriculum and “no educational impact”. I got an IEE a dx of dyslexia. Still the district wouldn’t consider her disability impacting her education and further refused assistive technology. I requested a 504, got that signed on 5/2 with AT but she had another test in AP history on 5/11/15 and the school refused to read her the question because the assistive technology was not available. She got a 64% on the test that they made her take without assistive technology. Her GPA is 3.75 and she passes the class because she does every extra credit assignment, lunch tutoring with the teacher, before school study groups etc. for extra credit. In a different meeting, the program coordinator said she worked for Wrights Law. How can I show her that my daughter does have an educational impact with Dyslexia and needs accommodations?

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504 is civil rights not education law and does not require proof of educational impact- that is necessary for an IEP. 504 is where the disability substantially limits a major life activity- that is where the focus needs to be- so if they are denying accommodations b/c there is not educational impact ask them to show you the regulation that requires educational impact under civil rights law. Get response in writing of denial b/c of educational impact and consider OCR complaint perhaps.

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