Is Child with Passing Grades Eligible for Special Ed Under IDEA?

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My child has struggled in school for years. He hasn’t failed because we provide private tutoring and work with him at home. We asked the school for special ed services. They say he is not eligible because he does not have failing grades. Is this correct?

Nope. The law says just the opposite . . .

. . . that a child does not have to fail to be eligible for special education services.

Failing or Passing Grades

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. (page 204 in Wrightslaw: Special Education Law, 2nd edition).

Eligibility: The Basics

A parent or school staff member may refer a child for an evaluation. IDEA Regulation 300.301(a)(1) – Initial evaluations (pages 92-93 and 240 in Wrightslaw: Special Education Law, 2nd edition).

To determine if a child is eligible for special education and related services, the school is required to do a comprehensive psycho educational evaluation. See IDEA, 1414(b) Evaluation Procedures (page 95-96 in Wrightslaw: Special Education Law, 2nd edition).

Did the school complete a comprehensive evaluation on the child? What were the findings?

Eligibility: Questions to Answer

In determining if a child is eligible for special education and related services, the team that includes the child’s parent needs to answer these questions:

Does the child have a disability? Yes ___No ____

Does the disability affect the child’s educational performance? Yes ___No ____

Does the child need special education and related services. Yes ___No ____

Find Answers to Your Questions

As the parent, YOU represent your child’s interests. YOU need to know what the law says. Do not rely on what others tell you.

If you need answers to questions about referring a child for an evaluation, what an evaluation must include, and parental consent for an evaluation, read pages 92-98 and pages 238-245 in Wrightslaw: Special Education Law, 2nd edition. If you have questions about IEPs, read pages 99-107 and pages 245-251 in Wrightslaw: Special Education Law, 2nd edition.

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126 Comments on "Is Child with Passing Grades Eligible for Special Ed Under IDEA?"

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Last year, my son entered 6th grade and this is when he really began to spiral downward. At that time he had an ADHD diagnosis and a 504 plan, however I requested an evaluation to see if he qualified for an IEP. I was told, based on the schools testing that he was “too intelligent” and passing his subjects therefore did not qualify. Fast forward to this year, his psychologist suspects he has high functioning autism so he recently underwent comprehensive academic and neuropsych testing with a doctor I found. My question is: Am I able to bring my own private testing results to the Special Ed Dept. for review this year or do I have to request the school to do their own testing again to determine eligibility and then introduce our private report?

You can do it either way. Generally districts prefer to do their own testing. They only have to “consider” testing that parents bring, but some districts will accept outside testing & not do their own.

My son got an independent diagnosis of dyslexia, dyscalcula, and ADHD this summer, after having failed a subject in the 9th grade and having to go to summer school.

At the start of his sophomore year, I gave the school the diagnosis, and requested an IEP. Today, I met with a the school specialist, and two teachers that she brought in that my son had in the 9th grade.

Both teachers said that my son just needed to put in more effort.

The specialist told me that they would conduct their own tests to determine if my son is eligible for an IEP.

I thought, under the law, with this independent diagnosis of all three, dyslexia, dyscalcula, and ADHD, that surely there would be no question that he was eligible.

As you begin this journey, keep and maintain any emails, report cards, evaluations that documents that outline his struggles and deficits. Keep detailed files as you may need them, especially if he is looking at college and ACT/SAT accommodations. Some may not view a late diagnoses as valid. Yet, they don’t understand how each kid compensates and struggles. Show the specialist at his school any documentation you may have that would point to early signs before 6th grade of any concerns. I presented data and research to support my concerns. “Putting forth more effort” is a degrading statement to make towards students with such struggles. They need accommodations and resources. Use hard facts and data to advocate and teach him advocacy skills. Research Wrightslaw.

I know that the law states that my son must have IEP and/or 504 services if he qualifies, but what if it’s a challenge to get him qualified? He’s twice exceptional, meaning, in many cases, he can skate through class without services, but that doesn’t mean he doesn’t need them. He has dysgraphia, and while he’s intelligent enough to pass, even do exceptionally well on exams, he can’t take notes in class without a laptop or iPad. While he is in gifted classes, with services for his handwriting here in NY, and while FL is required to provide them at first, what do I do if they decide he doesn’t need them after they evaluate him? We may be moving, and I hear it’s a challenge in FL to get services, nevermind to get them for a gifted student. Will it be a fight if we move?

My son is 8 years old. We have been struggling with him being expelled from daycares as well as schools. They say they don’t have a person at the facilities to interact with him one on one. I have lost jobs due to this. He at one point refused to go to school. I tried to homeschool him and just about lost my mind. I have an envelope full of write ups and suspensions. I am Grateful for this site because it defines my son. We have had evaluations, testings and other meetings. From these they say he is just defiant. How could they label him this way? He does his work but doesn’t finish at times because his attention span is very short. At any giving moment he will get up and run. I am worn out.

My daughter is in the fourth grade. She has ADHD, anxiety disorder, and classic insomnia (all medically diagnosed and is taking meds for all, as well as receiving weekly therapy). She’s been on a 504 since 2nd grade, with preferential seating, small group testing, and extended time. Her handwriting is illegible. She also can’t tie shoes, has a hard time with buttons and can’t ride a bike. We’re waiting for an OT assessment privately, but every time I’ve brought this up with the school, they say she doesn’t have dyslexia because she’s a good reader. They won’t even screen for dysgraphia or dyspraxia. She also “doesn’t qualify” for an IEP because of her standardized test scores. She has gone from an AB student to Cs and Ds which is wreaking havoc on her anxiety levels.

My son must go to this school too. He has the same issues and Im told the SAME thing.

my son is 10 and just leaned how to ride bike and tie shoes. gross and fine motor skills aren’t there. took him bowling and he could figure it out, no cordniation. he has epilpsy, adhd, on autism spectrem, on lithium, Zoloft, seizure men. No social skills at all, never a friend his whole life, no emotions, ignores people if they say hi,, cant communicate , tells teach he’s depressed and does strange things at school, the loud noises get him mad and I had to scream at them to get a psych test. but they said his testing is fine so no services. I’m gonna homeschool and go to therapy.

Your state parent training & information center can provide you information & support in working with the school, If you want to try that>

So what happens then if the school
Doesn’t help?

We’ve actually ended up moving her to another school where they were more willing to work with us. Her grades have improved and she has made friends. She’s homebound temporarily because of other health issues and has been doing excellent with schoolwork sent home, so online homeschooling is something up for discussion at the moment also.

Our 4th grade son has ADHD, Anxiety Disorder and Tourettes diagnoses. We just had our first IEP meeting with the school to go over their assessments. We’re requesting an IEP for him because, even though he’s doing academically well at this time with his medication and 504 accommodations, we know that we’re going to need to have as much leverage with the school system as possible going into middle school. The school is denying him and IEP. They’re saying 1)everything he needs can be done in his 504 plan 2) an IEP would necessarily mean that he can’t stay in his general education class and 3) that he doesn’t qualify for an IEP because he’s not currently struggling to keep up with grade level. Are they right? It sounds like we have to let him fail before we are given the leverage to help him.

My son is in a similar situation. He is in 6 th grade and this is his first year in public school. He went to Catholic school all grades prior.
He has Aspergers, ADD,ADHA and OCD.
He gets all A’s and B’s just like the rest of you I have been told the same. ” your son does not qualify for an IEP because he can access what he needs in school and gets good grades”. . But my kido is always in trouble at school. 2 ISS and 2 detentions . I get calls 3-4 times a week about his behavior. Impulsive, calling out, disrupting the class.
Some behaviors he can control but others are a part of his diagnosis.
Sadly his behavior is isolating him from his peers. He has no friends.
I do send him weekly to a skill and social stills class for kids like him.
He sees a counselor and a psychiatris.

I have a friend who is in this exact same situation. A and Breakfast student, social skills are not good to say the least. He has no friends, doesn’t like school, or anyone there. Has 504 that isn’t being implemented, and grandmother feels he needs IEP. School says no. Have you made any progress, and if yes what steps did you take?

I want you to know that there are parents out there who are trying different strategies with their kids with Aspergers as the social piece is hard. One parent, son was diagnosed with autism, actually put him in sports–for years. He is now in high school. The doctor told her that his participation in sports did more than any PT, OT, social skills,etc. could have done. The same may be said of theater, etc. This parent could not rely on a school district and she followed her instincts and the validation from the doctor made her glad. I saw that child develop over the years–he is doing well in high school, very well–has confidence and college focused. Work with the school district but create outside opportunities for your child to have friends and teams outside of the school as well.

My daughter is on an IEP and in a regular classroom and has been… she has aides and does leave the class for testing (read aloud and extra time) so an IEP does not mean they have to be pulled from general education. No your child does not have to fail to receive special education as is quoted in the above article, they must have a documented learning disability has he been evaluated by the school? The way I understand it is a 504 you can get accommodations… but to get special instruction (my daughter is dyslexic and gets a special reading class) you have to have an IEP. I do not know as much about 504 because my daughter has an IEP but I thought you had the same protections under 504.

My daughter failed on 504 plan and the principal say all about the scores not academic.because if she fail.they will still pass her.She not learning this way.we in Louisiana. I still fight for a IEP..

I’m glad your child is getting help. 504’s do not provide aids or special instructions. He gets accommodations that are not effective. His problem is behavior and impulse control. He doesn’t understand physical boundaries. He often does not have a clue as to why he gets in trouble at school. The 504 committee suggested I get him a fidget toy to redirect his attention away from disrupting the class. Well the first day he took it the teacher took it away.
I need help!!
Any advice please.

Hi my son has been on an iep for 3 years.for “Specific Learning Disability” (DYSLEXIA) 5th grade..he’s been doing awesome because of iep. Now they will re evaluate..and on the form they wrote concerns if he still is eligible? Omg are they kidding…I’m gonna blow a gasket if they say he’s not eligible…it’s crazy! What can I do if this happens? It’s like they want to get them just passing then get them off services…ugh

Schools are required to ask the eligibility question at least once every three years. The decision about whether your son continues to meet criteria for special ed will take place at the IEP meeting following the re-evaluation. Again, this is something that schools are required to do under federal law. It doesn’t mean that your son WILL be dismissed from having an IEP. It does mean that a team needs to review how he has been doing with the supports and whether he continues to meet your state’s criteria for his impairment areas. Yes, students are sometimes dismissed from special ed. When I’m working with parents whose child might be considered for dismissal there has already been several conversations with them about this before the re-evaluation is due. I

Would love to hear the response for this. My 7th grade has general anxiety and ADHD. We have a 504 and child psychologist wrote a lett to the school stating we need an IEP. We have tried this a couple times before. He gets “ok” grades but this is the part everytime where they keep saying he doesn’t need one. One they say he can’t stay in regular classes which is completely false! However what do you says when they ask “Does the child need special education and related services.” well yes they do and this can be accomplished in a regular classroom setting. For instance with every writing assignment and large project my son need scaffolding instructions- multiple steps for accomplish to end goal.

Have you asked for accommodations and been denied? I thought you could get accommodations under a 504.
My daughter is dyslexic and ADHD and had an IEP and is in a regular classroom.
The approach that has worked for me when denied accommodations is I complain my child’s invisible disability with a visible disability. For my daughter her reading class is like a wheelchair ramp. Accommodations allow your child to access general education just like a wheelchair ramp allows a child in a wheelchair to access the school building. You wouldn’t ask a child in a wheelchair to try walking up the stairs and insist on seeing them fail before building the ramp…

I know this may be asking a lot, but would you mind posting your letter that stated all this in that way? Take off all personal info first? I am struggling to get my Girl with Asperger’s /ADHD/Anxiety an IEP from her current school before she starts middle school in the fall. I know in my GUT (Mom’s gut never lies) that she is going to derail in Middle School because it will be overwhelming. She has gotten good grades this year because she has an awesome teacher who goes way out of her way to help her. Thanks!

Every state has a parent training & information project to assist parents. They should be able to provide some help to you.

My son has been clinically diagnosed with Autism, ADHD and anxiety by correct professionals in the field and has undergone complete and thorough testing- ADOS, CIBAR, and several other comprehensive and detailed testing and is qualified thru social security as disabled, does the school still have a legal right to do their own evaluation before agreeing to an IEP? Poor little guy has been thru so much testing I don’t want him to undergo any more I’d not absolutely legally required.

A school district always has the right to conduct their own evaluation.

It’s not a matter of if the school has the right to evaluate, they have to evaluate before giving a child an IEP. A diagnosis from someone else doesn’t necessarily mean they’ll qualify for school services, and vice versa. The evaluation might not look the same as the others, though. They might have plenty of information from your other testing and feel they don’t need to “re-do” some of it, especially if it was recent. However, that’s up to them to decide…

My 13 year old is currently passing all of his grades after he failed 7th grade last year. Solid B average w/very mild ADHD, takes Intuniv, about to finish 8th grade. We took him out of special education because it did not work for him. The only subject that he truly struggles with is math, Algebra, borderline pass? In retrospect, because they never gave him any homework, he could not practice math or any other subject matter. He’s now about 2-3 grade levels behind in comprehension for math, language arts about 1 grade level behind. We are tutoring him and it’s been working but I am unhappy about the fact that we still need to pay for tutoring when the school can provide that additional support. Good grades DOES NOT equal learning! I feel like he needs more help!

My son was diagnosed with high functioning, mild autism spectrum disorder, sensory processing disorder and generalized anxiety disorder. In December the school said he did not qualify for observation/evaluation, but that a 504 plan would be sufficient to meet his needs. They also recommended we seek outside OT for him. After being evaluated by 2 OT’s we went back to the school again asking that he be evaluated. This time they agreed, however, at the eligibility meeting they again stated that his academics and their findings do not qualify him for an IEP. Our son is just finishing up kindergarten, but I want to be sure we have the best plan in place for him next year. What insight/direction can you provide? Is a 504 all that he is entitled to?

My granddaughter has epilepsy and ADHD. She is passing grades because of tutoring and family help. She gets sleepy from the medication, she gets headaches and looses educational instruction. The district will not put her on an IEP. What can we do?

My adult senior has an IEP with a transition plan consisting of 4 lines and no social or transitional goals for 2 years (even though I have asked and begged repeatedly. I Feb I got new diagnosis of ASD even though school said he was doing fine and there was no reason to evaluate further because he was/is passing grades. I have asked for social language goals and functional goals and transition goals for 2 years with platitudes and no services provided. The school wants to exit IEP.and graduate with diploma in 5 weeks stating he has good grades so does not qualify for IEP for anything other than reading writing or math….and all the recommendations from the neuropsych do not apply to his IEP and are for a 504Plan… (recently diagnosed A SD and extensive social emotional behavioral goal recommendations by highly credentialed, Board certified child neuropsych). School says he does not meet eligibility now because his ASD/OCD/AD HD do not affect his “EDUCATIONAL PERFORMANCE” because he is a sweet compliant boy with good grades. How do I respond to that and with what law (s). …he is incapable of independently washing, crossing street, driving, hardly speaks unless spoken to etc..

What to do if the school denies to do an assessment?

The school is not legally required to evaluate, but they are required to respond to your request. Personally, I would try requesting again in writing, detailing your reasons for the request for documentation purposes. They should give you a handout with your rights and options (called Procedural Safeguards) if you disagree. I would read that carefully. I’m sure you can find it online if you’ve lost it or they didn’t give it to you. You can basically lodge a complaint with your state’s dept. of ed. At that point, someone from their office will get involved to determine if their decision not to test had merit, or if they are to be required to evaluate.

you need to ask them to complete this assessment in a letter. They have 30 days to respond. The law requires them to complete testing.

Thank you Arita, someone gives this person the real answer.

Schools are absolutely required to test. Be sure to request it in writing and have your copy time stamped by the office when you drop off their copy. Best of Luck.

I have a child who is REQUIRED to take the state graduation tests in order to graduate and has LDs and an IEP. The school knows the student takes longer taking tests (double compared to peers), has LDs affecting reading, conventions, slow to grasp math concepts, short term memory, does better with smaller chunking and yet they will NOT allow any accommodations for the testing. Is this legal? The student makes A’s and B’s, but does NOT test well and become exhausted after 4 hours of testing in one day for five days. What can be done?

My son in grade school was recently diagnosed with seizures. The school is willing to evaluate him for speech services but not OT services. His neurologist has written a script for OT because my son’s hand writing is terrible. We have been paying for OT services at our local hospitals OT rehabilitation unit. The school district has denied OT services because hand writing doesn’t effect his good grades. Can they deny him OT based solely on his grades and what else can we do to get him the services he needs for OT. OT and the neurologist are willing to write why they fell he needs OT.

The problem with OT services is your child cannot qualify for special education solely due to OT needs, there must be a processing disorder and a discrepancy to qualify under Specific Learning Disability. If he qualifies under Speech or Language Impairment, he could also receive OT services.

I would like to see some response by WrightsLaw re Common Core and the devastating effect it is having on IEP students.

My child has ADHD & ODD. He had problems in K & 1 grades. We asked for testing were told to go do it on our own. Did it and put him on meds for the 3 & 4 quarters of school. grades & behavior improved. We asked for and IEP. Then they told us they had to test him and not use the IEE. They tested him and found no problem. They tested him on the meds which show that the meds are working and he is improving. Can they still say no to an IEP, if the IQ and grades differ. He should have better grades based on our IEE. Still a problem at home & social withdrawal.

Our son was denied for the exact same reason. ALL LAST YEAR we had both behavior and academic issues, yet the denial is based on his academics and behavior for the under 2 months he has been back in school.

He qualifies under both OHI & ED, if you use all his records from last school year, however, they are only using these last few weeks. Had someone read the review and they said the school/district worded it so if any of the manifestations appear again, not only would it be too late, but we could face a lawsuit.

They allowed HIM to take the roberts depression test for school & home, rather than both. Off the charts for home, happy as a clam at school – therefore, no problems. WHY WAS THAT NOT A RED FLAG?????

Your eligibility questions above are very simple starting with “Does the child have a disability?” The form that the school is using starts with the question that asks if the student is achieving adequately for the student’s age or meeting state approved grade level standards in one or more of the following areas……
Our school stops at that question and has determined my child is not eligible for services AND that she does not even have a disability (dyslexia tested by a professional) because she was in the average and above average range is parts of the testing. What is wrong with the school’s use of criteria in this case? Her recent CAPT showed her reading below the school goal and school average, though every other year she was above average.

Your “eligibility questions” for the IEP team to answer are too simplistic. For example, a disability could affect a child’s educational performance, but that does not mean he or she requires special education services. Shouldn’t it read “adversely affect” and shouldn’t that mean “adversely affect to such an extent that we cannot help him or her in the general education classroom without some kind of specialized assistance, since what we really do want is to keep the child in the regular classroom even if he or she needs to use a hearing aid, books on tape, gets modified assignments, etc.”.
How does someone who is passing classes with A’s and B’s require special education? You seem adamant that everyone should qualify for special education. What about eligibility criteria?

Grades are subjective. My child with As and Bs in fifth grade was reading at the second grade level. Teachers often give kids high or passing grades regardless of actual skills. I do not trust grades and instead compile a portfolio of my child’s actual school work and compare it to grade level standards. I had to put her writing sample in front of the Director of Special Education and Superintendent and ask, “Is this 5th grade work?” “No, it is about second grade”, they replied. Yet my child had As in language arts. Do not trust grades!

What about the kids who are adversely affected emotionally by aspects of the classroom or subjects that produce such anxiety that they run out of the classroom, hurt themselves or come home every day and have meltdowns or threaten suicide. Sometimes they cannot complete homework or even TALK about their anxiety because they have completely shut down? It is not as simple as saying that kids who get A-B’s don’t need special education services. It is all dependent on the actual disabilities they are diagnosed with and whether their schools are willing to help them instead of doing nothing and forcing parents to take them out of school to homeschool or go to private school. I know I cannot personally afford private school, and can’t quit my job to homeschool.

My son is an A-B student (with the exception of conduct which is usually a D) and has an IEP for a dual diagnosis of autism/adhd. While he is passing his tests, he is also unable to function well in a classroom. He often wanders away from his desk during instruction, will impulsively go to the teacher to talk to her about unrelated information while she’s teaching, refuse to do his work or only do part before vocalizing/humming/whining/etc. He disturbs others because he invades their personal space because he doesn’t understand the concept of personal space. There are plenty of reasons why a student would need an IEP even though they’re progressing academically.


My daughter who is now in 10th grade was diagnosed in 1st grade with NLD and ADHD. She has made great strides in school with the help of IEPs. now that she is making good grades and “doing” what is expected the school wants to take away her IEP. The school psychologist even went so far as to say that she doubts my daughter has a learning disability. I believe my daughter still needs the IEP to continue to be successful in school. She utilizes the help that is provided to her through the IEP. Is this legal?

An IEP cannot be taken away just because school personnel feel the child “doesn’t need it.” Hopefully this child has received a comprehensive psychoeducational evaluation by now.

My child is in the first grade and having problems with working in groups but by herself she does better. But her teacher says she is barely passing. I help my child every day with homework, reading and she is barely passing. I don’t know what to do at all. Can someone give me advice on what to do!!!!

My daughter is in 11th grade and has a IEP! My question she makes all A’s @B’s and passes her classes and exams but cant pass the 11th grade SOL. Does this mean now she wont get her diploma but will only be aloud to walk and get a paper stating that she went to school for 13 years and have to then go try to get her Ged? We live in the state of Virginia! Really concerned everything she takes is pencil paper!

No – with an IEP she can keep going to public school until she’s 21, which gives her several more years to pass the tests she needs to pass.

My son is in 9th grade. Has autism level 1, adhd, and auditory processing disorder. Recently re-diagnosed by school. Failing all core classes, state testing indicates he is years behind. District says he doesn’t qualify for an IEP and offers 504 with no services – just proximate seating, etc. which is not even enforced. I pay for a tutor which helps but can not replicate the 7 hours a day he is in school. He can’t discern important information from incidental information and had never had a friend. I filed for impartial hearing 6 months ago but it never happened. What can I do?

Have you applied for SSI for him as being years behind from grade level? Also how can they Deny IEP if he is yrs behind? This is how my daughter was found eligible as having a Learning/develpomental delay and Very Low IQ found through school assestments/evaluations.. This is very confusing to me, I am so sorry… Sounds to me like you need to contact an Attorney ASAP!! Good Luck!! & God Bless…

Child in 6th grade…can’t read

Karolyn, read the many posts on dyslexia–use the search tool on this website. This is quite common and they boy, regardless if he has dyslexia or not, needs specific interventions. There are many stories of schools advancing students with low reading levels without providing appropriate interventions. Many kids do graduate with low reading levels. It is wrong. Research the “achievement gap” and see how pervasive it is. Direct parents, if they are willing to work with you, to Wrightslaw and an advocacy center. Yes, he will continue to advance grades and graduate with a 2nd grade reading level, no knowledge of assistive technology, reading interventions, etc. It is not too late for him to learn to read and not to late for him to learn to use AT. Are his parents open to learn ways to help him?

my son is 13 adhd asbergers, he has always been in co-teach or had an aide until recently. because his organization skills were so bad the school recommended resource room, but in order to get that they told us he could not have co-teach, but if it didn’t work out we could change our minds. well, resource room is first period so he has nothing to organize and he is not getting the hw. the grades are starting to fall and he is getting overwhelmed. I have had 4 meetings to address the problem and put him back in co-teach. now the cse chairperson told me that a ny state law prohibits them from doing this b/c he has good grades. it makes no sense. is there such a law?

My son has autism, eating disorder but he is also gifted. We are active duty military. He has an iep from past two schools he was at to address his social issues and also monitoring his eating. We moved to va last summer and the new school dropped all his social goals when they convert from our last state to va format. They stated that because according to va law that students who does not have below average IQ they can not have goals or objectives on their iep. They stated that they believe a 504 plan would be more appreciate for them to just address his eating issue. Now we just had a iep eligibility meeting and the district stated since my son’s testing showed he is above grade level therefore they found him not eligible for an iep. This is also the same reason they can’t find him eligible for 504 plan, neither. Can they do that?

Child in 6th grade… He is in special classes for learning disability… Add/parents do not want him medicated…He can not even read at a first grade level… He wants to learn and seems to be getting Alittle better with practice… He comes over and reads with me…Teachers say he will continue to advance grades… Even if he can not read??????? I don’t understand this? I didn’t think this even happened in colorado/ the world…any information about this? Is this lawful?

Oh YES, believe me it happens… My 13yr old daughter is currently in 6th ((Should be 7th)) her math level is at 3rd grade… and reading Low but not AS low… So guess what, they just push her right along… she has interventions/help and such but due to developmental delay and Low IQ is federally Disabled and recieves SSI yet somehow able to still be Pushed on through, Bc We believe bc she was DX Through the School as ADHD… however she is infact autistic W Generalized anxiety disorder… ADHD does NOT equal “non-verbal’ or lowIQ or Learning disability….It Means attention span… hyperactive… Schools DX this so as to not have to pay $ for special svcs! Her Therapist told us this happens all the time! Its Shameful!!! Ive been fighting since kindergarten for Help…

Do you mean a triannual review? If so yes.

Can a parent waive the right to an annual review?

when a school eval is done and special services are put in place. Is it the same as a Medical diagnoses?

My 11 y/o ADHD son gets good grades. Struggles with executive function.

In Oct school: 1. Said ‘We’ll try RTI’, didnt.
2 Did BRIEF Exec Funct. & Brown ADHD survey
3 Wrote “Please share info with your dr, let us know outcome so we can put accomodation plan in place.” (I shared w/Dr)
4 Didn’t do plan
5. Inclusion teacher & aids give multple verbal prompts to redirect, extra test time & inconsistently, visual aids.
6 In May, evaluated, (but excluded BRIEF &BROWN results)
7. At initial meeting said if we stop our support at home, give only 1 hour for HW & grades slip then he’d get services.
8. Verbally Denied IEP/504 b/c “He’s progressing upwardly, citing good grades& Star computerized results.
9. Tabled meeting to do behav assess, see grades with home supports

So no 504 with good grades?
Case for OCR complaint?

I had problems with my son getting proper writing skills in school so I hired a professional speech & language therapist to review his skills & work with him. She was able to come to the IEP meetings & speak to the school speech teacher & together we came up with a plan for my son to write 3-5 paragraph essays with at least 5 sentences in them. Prior to hiring this outside professional I was not getting anywhere with the school either & they were not helping my son very much. High IQ does not mean no services. Services are based on need.

What happens if the child has IEP but the school refuse to provide any resource help for academics.

My Asperger son happen to have IQ in the 140 range but is not learning much in school but we are not able to got any services to help him academically.

My son is in 6th grade and he is not able to do multiplication, division, fractions, etc. but the school is passing him every year and say he does not need any academic help.

He writes 3 sentences on his essay test and they told me, it’s fine he is within the “average” range for 6trh graders and does not need any help. He is exceptionally good with spelling and vocabulary so his English language “AVERAGE” is C. ( A+F)/2 = C therefore he needs no services.

What should I do?

Guarantee its due to his IQ score.. whereas Mine also doesnt know anything about Math aside from Add/Subtract and she too is in 6th grade ((Should be in 7th)) but was retained due to Not learning back in 3rd grade.. her IQ is very low at An is considered borderline mentally handicapped however to hang out with her youd never know… she only mildly displays some of her Autistic traits… yet the school says she is ADHD/Other health impairment on her IEP… but like your Son, they just push her on through… Its very very Sad, Not a care in the World for their futures… God Bless and Good Luck… m

Does the special education student (LD) receive on the report card indicators that the student received a modified grade especially if the students was still doing the work only with accommodations?

Can a school legally tell a student with an IEP or 504 that they cannot play a sport due to one F in one subject?

Is this policy enforced for ALL students? If not, then I would address the issue w/ administration. Why did the child get an F?

My son has Epilepsy & ADHD. We have a 504 plan for him right now. We have the results of a Neurological Test stating his severe learning impairment. We have been denied an IEP. His IQ is 121. Highly intelligent. He has trouble processing information which is giving him just passing grades. Teachers are not following the 504 plan. How and what can we do to change their minds and let him get an IEP?

My son has hydrocephalus and MELAS, just got an IEP BACk again after 8 years of trying. He is now in the 9th grade. It was taken away in kindergarten (what can they really judge in kindergarten?) due to he was keeping up with his class, if only I had known the struggle we were in for at school. In 4th grade I spoke to the school about different issues that were still there, I was blown off, he never got the IEP he needed. Finally in 8th grade the school noticed the problems and now he got a IEP again. How many kids have to suffer due to no money in the school system or nonqualified teachers to help these kids? Mine did and will the rest of his life! If your kid is failing it is a lot easier to get help from the district……my word to the wise have medical professionals on your side!

Fully Agreed!!! My 13yr old is suffering from the same incompetancy… since Kindergarten… its so sad…

Refer to your schools procedural safeguards regarding independent evaluations. Your school should be providing you with a copy at least once a year.

Also, ask if your school has a list of independent evaluators. Most have a list. Ask.

I had what was supposed to be an Evaluation Planning Meeting today with my 15 year old son’s school, who instead spent 45 minutes of the hour scheduled to argue against an IEP. (He is elibile under OHI, LD & ED due to Tourette’s, OCD and ADD.) They insisted that due to his grades, he does not NEED special education & did not listen when I tried to explain the struggles that go into his passing each grade. So, I believe he does need special education. Can they deny us?

My son has had an IEP Plan in a Fl high school. He has had an IEP since his elementary grades. He takes medication for and has asthma and ADD. He was ineligible for sports last year (9th grade) and will be ineligible again this year due to an unqualified GPA. Due to his poor organizational skills and attention deficit he will most likely never have the required GPA. He has played soccer since he was 5 years old. He gets most of his confidence from his success in playing soccer and not being able to play for his school is really affecting him negatively. He is ashamed and embarrassed. He puts in so much effort and still loses assignments, completed work, etc. Shouldn’t he be qualified to play sports due to his disability regardless of his GPA? Thank you in advance for your response.

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