Can a Child with an IEP Fail?

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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

Take a look at the articles and resources on this page:
https://www.wrightslaw.com/info/sec504.index.htm

Your Challenge

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:

www.wrightslaw.com/advoc/articles/Letter_to_Stranger.html

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Teanette

My daughter is in 6th grade and has an IEP. My daughter has maintained a B average the entire school year. There is 3 days left of school and she comes home with a letter stating she has to attend summer school, due to her not receiving the required score on the NYC state math test. Not a happy camper because I received no information that her promotion was in doubt. Secondly, I feel the school is setting children up for failure and retention because of their IEP’s. A B average is not even considered. Just don’t think one test should determine if a child gets promoted to the next grade or not. I have called the school to reach out, but no one has returned my call. I will be calling the school on Monday.Pretty familiar with NYC promotion standards for children with disabilities.

Michelle

My daughter is in 2nd grade and was put in an IEP part way through her second trimester, but it, both, was not held up fully and was not corrected until part way through her third trimester, at which time the teacher indicated that she did not feel she would meet her benchmarks in state tests. She has both dyslexia and ADHD. She is extremely intelligent but slower than the other students and does not test well. So, while she is passing and many times smarter than her classmates, they want to retain her because of a benchmark that does not indicate her true intelligence. Her grades are all passing… I have been called into a meeting and I need to be prepared with how to address this. HELP

Chuck

I suggest that you study the resources on this website at: https://www.wrightslaw.com/info/retain.index.htm Also your state parent training center may be able to assist you. http://www.parentcenterhub.org/find-your-center

Linda

My son is in the 10th grade an has an IEP and is deficient in math. He struggles with addition and subtraction but he is doing geometry. The current teacher is stating that he is refusing to do the work when he just don’t understand it at all. Now she has failed him with a 49 percent and said he has had plenty of time to make up his work but was never pulled out for help in their credit recovery program. I think their is laws against this. I need some advise on this one please.

Amanda

Hello Linda my son is also 10th grade and his Chemistry teacher is failing him using the same excuses. I’m at loss as well. I just put a phone call in to my sons case manager. I’m hoping to get to the bottom of this. I was told that if the children’s needs on their IEP are met then they will not fail. I know my son has been ignored this year and that’s about to change.

Chuck

IDEA rules (300.320a)(4) say that the IEP is to be designed so the student makes progress in the general ed curriculum. So it appears that the school is not providing FAPE to the student. The teacher is placing blame on the child rather than figuring out how to help the student make progress. If the special ed director is not able to get help for your child, the dispute resolution process are available to you.

Karen

My almost 12 year old has ASD, ADHD, Anxiety, OCD, LDs, and SPD. He cannot handle transitions. He is currently in an in-district SPED school with his own 1-on-1 behavior therapist all day long every day. He is doing much better than he ever has regarding learning. It took him 2 years at this school in this program to get here.
Due to his current success with learning only, the district wants to suddenly throw him into a typical elementary school SPED class for 2 months and then place him in the typical middle school right away. How can they expect a child who took 2 whole years to get to this point to (1) adapt to a new elementary school, new teachers, new way of learning, etc. in less than a month and then (2) move him again into a middle school environment 2 months later? Please help!

Brendon

I was born with autism and it was very severe when I was younger. I’m 17 (almost 18) and I’m a junior in high school but with around almost 9 credits which it’s sophomore level and I’ve been under IEP since middle school after having therapists at a young age. My school literally does nothing with no matter what my transcript looks like or if I’m passing or not, they just keep moving me forward. I can write very clear and my grammer can suck sometimes but distractions from other students with like being loud or whatever, it’s hard for me to focus with what I’m trying to finish and it’s hard to do it at home cause I have to deal with a single mom and two little siblings to watch and I have a job too. My counsler wouldn’t let me take Phoniex so I could make up credits. What should I do?

Chuck

I suggest contacting staff at your state parent training & information project. They will be aware of your rights & can assist you in advocating for services that meet your needs. http://www.parentcenterhub.org/find-your-center Keep us posted on this.

Jim

I work with a student with severe ADHD. It severely impedes his reading abilities. An IEP was developed this past school year, which included provisions for modifying content, timelines, etc. Despite this he receives failing grades because he does not turn assignments in on time. We addressed this with the school stating that his inattention to time management is part of his ADHD issue. We asked for staff to monitor that he stays on task, completes assignments and also that someone insure that he brings homework assignments with him when he leaves school, as he often forgets to pack them. Despite these requests the school fails to monitor and hence he winds up turning assignments in one or more days late. Be sure of this he is given half credit and an F grade is assigned. Is this legal?

Chuck

This would depend on state rules, and district policy. Schools should focus on students learning and not on whether they turn work in on time. But getting them to recognize this, may take involving the special ed director or using some of the dispute resolutions processes. The state parent training and information project may be able to give you some guidance. http://www.parentcenterhub.org/find-your-center

Morning

If he is in middle school school or high school,”‘Who is staff?” Sounds like an easy question but staff may be 5-7 teachers spread in and 1-5 paras( if any) to help him over several classes–consistency??? (hum!!). Can staff monitor if ONE person tracks the student carefully in terms of work, notating the agenda, distractions, even working with him on managing his locker and meeting him at the end of the day to insure materials are in his backpack? Who monitors at home? Regardless of age and grade, there are other ways to creatively work with a student with severe ADHD. The team can think outside the box. Experiential learning with less homework incorporating curriculum concepts may help the student embrace concepts and make progress.

Kristy

My son is on a iep is it true they can’t let them get below a 70 in there classes

Chuck

A state or school district could have a rule saying this. If a student is struggling learning skills, & course curriculum, school staff and the IEP team should be revise the instructional strategies being used.

Ashlyn

my child is in IEP classes for reading, writing, and math. He always brings home F’s yet the schools continue to pass him onto the next grade. He is in the fourth grade but on a kindergarten level for every class. Even though we work with him at home the school still passes him onto the next grade. WHY?

Chuck

There can be a number of reasons for this. I suggest contacting your state parent training and information center. http://www.parentcenterhub.org/find-your-center

Sarah

My daughter is 18 and a senior she has nt passed 3 of the OGT test to graduate. She has IEP. With having an IEP does she have to pass those test in order to graduate?

Chuck

This would depend on your state rules. Your state parent training and information center can assist you on this. http://www.parentcenterhub.org/find-your-center

Victoria

What can we do if a student with an IEP keeps getting passed to the next grade even though they can’t read? The said student is 16 years old and can not read at all but is graded with A’s.

Chuck

You can request accelerated instruction during the school year, & summer to address his deficits, & reading. Also study the data. State, & local testing should show how he compares to his peers. You can also request an independent education evaluation (IEE) to obtain additional data. If you are not ok with the district’s response, using the state dispute resolution processes is an option. Your state parent training and information project can assist you. http://www.parentcenterhub.org/find-your-center

Peter

I assume there is a reading goal in the IEP – if so, what did they say for the “Present Level of Academic Achievement…”? which is the basis for determining the new Measurable Goal. And then below the section for Measurable Goals/Benchmarks, what “METHODS” are they using to measure his/her progress? THIS is the section I would ask them about. It is about what they did to monitor progress and it contains the DATA used to report progress. If this data doesn’t match the reported progress (and the magical pass through to the next grade), someone’s got some explaining to do!

Debbie

I adopted my nephew and he has an IEP plan in place. I don’t understand something, he has autism and ADHD and he is A B honor roll but, he is at a level one?!?! Please can someone please explain this to me.

Chuck

Sometimes teachers give grades based on how hard the child tries, their behavior, etc. not on the same factor they use for students without an IEP.

Tiesha

If my son has a iep and the school has a rule if you get kept back two times your out . Does he has the right to stay in that same school

Chuck

That sounds really wrong. Contact your state parent training project for help on this. http://www.parentcenterhub.org/find-your-center

Shayla

I have a ninth grader that has had an IEP since kindergarten and has been denied to have someone verbally read the information to her for various different reasons. Just this last year for her recertification I was finally told that they could get someone to read to her but she ended up failing the 9th grade what can I do?

Marcus

Use the state office for dispute resolution or you can request for mediation with the school. Also ask for an IEP meeting to look over the goals along with accommodations and modifications. These may need to change. You can also consider doing a Due process with the school.

Carla

That’s not fair my boys (twins)been on a iep since school there in the 9th grade as well but in k12 telling me they felled the 9th and they have speech problems they don’t give them the help they need either this is there first year in k12 who can i call or talk to.

Chuck

Your state parent training and information center. http://www.parentcenterhub.org/find-your-center

Odili

My daughter was born deaf. Shes an IEP student and her school held her back.

Marcus

Why did they hold her back? What services is she getting? Was she receiving those services? You need to find out what happened. It sound stop me and could be wrong that the IEP was not followed. Request for an IEP meeting to resolve this issue also.

Sonia

My son is 16 years old and has an IEP: he is on the spectrum. He completed the courses for 9th grade successfully with As and Bs. He was hospitalized and could not take the Spring semester classes. He has been transferred to another school that offers an ideal environment for students on the spectrum. The new school is telling me that the credits/classes he took in the fall are not accepted because he needed to complete the whole year for those credits to count. He will therefore be repeating the 9th grade. Something just doesn’t sound right. The school he attended and the new school are both in NYS. Can you advise me.

joannie

Was the course a year long course or a semester course? If year long, then I would think the school is correct and he did not complete the course. If it was only a semester long course, then I would think that he had completed it.

joannie

Did he complete course work while in the hospital? That should count towards him completing the grade

Anissa

Rip I just failed my 10th grade English class and I have an IEP. I fell behind and I couldn’t catch up, and the pace was just too fast, I have no time management skills, I shutdown under pressure and adhd makes it hard to do work after school; even though I take meds for it. Also I have to take two English classes since I go to a vocational school and Massachusetts makes it mandatory to have a certain number of hours in subjects; causing two English and algebra classes in my schools sophomore class. I wish summer school wasn’t mandatory, I understand whats going on in english, it’s just I can’t turn in work as fast as they give it out, it’s too much. This kinda makes me feel dead inside ;-;

Marcus

First do not beat yourself up and feel dead. What does your IEP say with goals to time management? If there are none then its time for you and your parents to call and IEP meeting have those goals implemented into your IEP. There also needs to be accommodations put into place where they will accept your work late. Good luck to you!!! You are a bright and vibrant young lady and you will do well!!

James

My son will be in ninth grade for the second time now and will be repeating 9th grade next year for the third time! He has had an IEP for years. Needless to say he is not academically inclined and I feel that the school is quick to blame my child for not performing when it’s ultimately their job to help figure out how to enable him and teach him in a way he could learn. Am I wrong on this?

Chuck

James, Kimberly, it is the school’s responsibility to address the student’s needs. Your state parent training and information project can assist you in advocating for your child. http://www.parentcenterhub.org/find-your-center

Tomisha

Hello James I don’t if you are aware but by law the school can not retain your child without your permission. They can suggest but the decision is yours he has the right to move on with his peers. The school is totally responsible for your child downfall which will and can cause really bad behavior in your child, bullying and and all that comes with it because it not made obvious your child suffers and the school still get paid by his presence.

Kimberly D.

My child is 15 with an IEP for a specific learning disability, he is in a co-taught English/Reading class to meet his needs but it failing every subject. I have his annual meeting coming up and looking for some suggestions or advice in how to increase services in other areas to meet his needs. I need him to enjoy school and believe the only class he feels confident in is his co-taught class.

Susan

My son is 12 and has an IEP, suffers from Ear Infections (Tubes 3rd, 4th, & 5th Grade & TMJ – wont give us a 504 asked by his pediatrician because they said it’s in his IEP), he’s only on a 3rd & 4th grade reading level and my son and I both want him to stay behind because he doesn’t feel he is learning. The school says he can’t stay behind because I will damage his learning. They won’t give him a professional tutor either. He also suffers from anxiety from bullying at school and kids that just won’t leave him alone. Plus he suffers from PTSD.

Amy

I’m realizing that it’s more about money than helping a child. My son has an IEP in language. He’s failing that class. I see no changes, lack of change and attitude from sped teacher. I’m a parent that is truly disgusted by what I see. No solutions, no changes. Red tape and a system that is allowing our kids to fall in the cracks. Some great teachers are apparent, but some don’t care at all.

Nicole

My daughter is in the 4th grade we moved to another state in mid Oct she was transferred with a full I.E.P already it is now March and we just just had our meeting here they did another full evaluation on her informed me she is below grade level and want to retain her. And they are not equipped with the integrated services here she needs. 5 months to evaluate a child who is now behind.?? She was transferred with a full I.E.P help plz….

Chuck

I feel that the best source of help is your state parent training and information center. http://www.parentcenterhub.org/find-your-center