Does having an IEP guarantee my son will not fail?
The answer to this particular question is No. An IEP does not guarantee that a child will not fail.
If a child has a disability and needs special education services, the school and parents meet to develop an IEP.
The IEP is an educational plan that should be tailored to meet your child’s unique needs. The program, or plan, describes what a child needs to enable him to be involved in and make progress in the general education curriculum.
The IEP does not guarantee that your child won’t fail, although it is unusual for a child with an IEP to fail.
On the flipside of this, a different question.
The school is denying my child services under Section 504 because he is not failing. Does a student have to be failing to get a 504 plan or an IEP?
The answer to this question is No. A child does not have to be failing to qualify for services under Section 504 or IDEA. The law does not mention “failing” as a criteria for services under Section 504 or IDEA.
If a child has a disability that limits a major life activity (such as reading and learning), he or she should be eligible for 504 protections.
Recently, the ADA was amended and renamed ADAAA. Section 504 was amended so that it incorporates the ADAAA and applies to public school students under Section 504. See https://www.wrightslaw.com/info/sec504.adaaa.htm
If you have a child that is not failing but needs services, the law is on your side. But that is not enough. You need to be a salesman and portray your child and his situation so school people want to help. This is your challenge.
Read our “Letter to the Stranger” article to see how a parent changed
their message, and in doing so, got her son the help he needed: