Behavior, OT, Speech Issues – But School Takes Away IEP!

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6 year old boy struggling at schoolI just had my 6 year old re-evaluated. He has behavioral issues, OT, and Speech and difficulty staying on task. At the meeting they decided to give him a 504 and take away his IEP. He has a BIP in place. I feel railroaded, what can I do?

If the team wants to take your son off the IEP, they have to take specific steps before they can do this.

They are required to evaluate a child before changing his eligibility for special education.

Evaluations Before Change in Eligibility. (20 U.S.C. 1414(c)(5)). See page 98 in Wrightslaw: Special Education Law.

  • Did they re-evaluate him before they decided to terminate his eligibility for special education?
  • Did you give your written consent to the evaluation?
  • Did the evaluation meet the requirements for evaluations in the IDEA?
  • What did the evaluation show?

When the school proposes to change, or refuses to change, your child’s status as a “child with a disability” and an IEP, the school must:

(1) provide you with Prior Written Notice (PWN) that describes what they plan to do.

The school should also provide:

(2) the data that supports their decision and,

(3) what you can do to contest their decision, etc. (20 U.S.C. 1415(c)(1)).

For the requirements for the Content of Prior Written Notice, see page 109 in Wrightslaw: Special Education Law.

You need to study and understand the Procedural Safeguards section (Section 1415) of the special education lawIDEA 2004.

This section is intended to protect your child’s rights and your parental rights.

Make it clear – in writing – that:

  • you do not agree with the team’s decision to discontinue his special ed services and the IEP
  • you are requesting that they provide Prior Written Notice

Read these articles.

Discontinuing Services? Not So Fast!

Throwing the Flag. This article describes Prior Written Notice and includes a sample letter than you can tailor to your circumstances.

You have your work cut out for you. You can do it!

  1. Really very sad what public education has done in the name of this law in not providing for the most basic needs of our students. Needs that anyone without an education degree would tell you the child needs support outside the general education classroom. However, in the name of this law, our county is no longer servicing the basic needs of children. Services if given now at an early age would make a huge impact for later in life. This is what happens when the federal government takes over and makes mandates. One blanket does not and never will fit all. Public school educator!

  2. Do not agree to this at all!!! The only reason they want to give him a 504 instead of an IEP is so that they can change it when they want. An IEP they are held too and they cannot make changes without the team. A 504 plan is not held to same standard so they can make all kinds of changes without your consent. Send a letter to the school requesting an IEP meeting an bring documentation of the re-evaluation. If the school does not agree with the evaluation they can do one at the publics expense. Hope this helps and good luck!!!!

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