Stay Put: NEW SCHOOL SAYS NO IEP, CAN WE INVOKE STAY PUT?

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Karin:  We have moved to a new school,district and that district is finding my child to not be eligible for an IEP. We are wondering if we an invoke stay put and if so for how long. They have done testing in all areas. She is supposed to have a modified workload which is largely addressed by an academic skills class that she attends each day. They would like to just have her in a regular study hall but we know that there is virtually no support in that,kind of situation.and is more of a free for all with kids doing whatever they want to do during that time while merely being babysat. She also has a lifelong disability but a 504 would not address her need for being in an academic support class.

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April

IDEA regulations are clear the the student must be educated in the LEAST restricitve environment with nondisabled peers. Is the student failing in general education or just not doing well? What testing was done? IF her school problems are physical then 504 is correct. There is not enough information to make an informed comment. But for Learning disabilities a studetn must have a certain discrepency between IQ (potential) and area being tested. EX 100 IQ Average age 10 5h grade Reading Comp scores 2nd grade this is a discrepency and shows a learning disability. Reading Comp score 4th grade not a large enough discrepency to qualify.
Intellectual Disability IQ usually under 70 and adaptive behavior must also be low.
Other Health Impairment= ADHD, Dyslexia is now seen as seperate

Rachael

I would send a letter requesting independent assessments and choose the professionals yourself to ensure they aren’t biased.