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Jay:  Can the school take away assistive tech and insist the child handwrite work for which the child needs the assistive tech as a disciplinary measure? (Offense was failure to follow a direction the child did not hear, she has ADHD, severe dyspraxia)

  1. No, and as such would strip the child from meaningful participation and could be seen as discrimination, failure to provide FAPE, and should constitute the school’s legal obligation to evaluate under Child Find law.
    Our son has not only the same medical conditions as your child, but equally a similar occurrence by which the teacher recognizes the manifestation and did not act within the scope of the child’s 504..hence denial of FAPE.
    My advice is to file a complaint with OCR and ensure to record your correspondence with the school personnel through email moving forward.

  2. Yes they can. Whether it is morally/ethically or legally right is another question. Depending on how the IEP is written concerning handwriting, this could be a violation of the IEP. You can write a letter to the principal & special ed director expressing your concern & requesting an administrative or IEP meeting to address your child’s needs.

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