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Harriet: My son was evaluated and received an IEP through our home school district. Because he was attending a non public school, I had to say no to the IEP an have services through the local IU5. He is now going to his home school and when re-evaluated they will only give him a 504 plan. Educationally nothing has changed he still has ADHD, and math and reading concerns. Is there a way to fight this change from IEP to 504?

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Sharon L.

It is my understanding that if your son is on an IEP that the IEP must be accepted by the new school district. When we moved from one school system to another the new school accepted the IEP. The school may offer to re-evaluate your son but you don’t have to sign or agree if the new evaluation finds him ineligible. IF you accidentally signed something that agreed with him being off of the program you may request an evaluation and again if they state he does not qualify you may have an outside evaluation done at the school’s expense. Make sure you sign their consent form or the timing of 60 days does not start to get the evaluation done. The school may give you a list of people for the testing. You may go to whomever you want for the testing.

Jill G

Harriet –

When the district found your son eligible for the 504 plan, they were (presumably) finding him ineligible for the IEP at the same time. You certainly have options to “fight” this decision.

One thing you can do, if you disagree with the evaluation itself, is request an independent evaluation at public expense. Once completed, the school can reconsider their decision in light of the results. You can also have him evaluated at public expense, and provide those results to the school.

If they still find him ineligible, you can consider using a dispute resolution process like mediation or a due process hearing.

I suggest you connect with your local parent center (http://www.parentcenterhub.org/find-your-center/). They can help you better understand your rights and options.