Monika: My child has both Epilepsy and ADHA, both diagnosed by her neurologist. The school psychologist is refusing to put her on an IEP, because she is not a grade level below. What can I do?
Eligibility: EPILEPSY AND ADHD, SCHOOL SAYS NO IEP
Special Education Law and Advocacy
Monika –
The school must completed a comprehensive evaluation before finding a child eligible for special education – they cannot relay simply on a child’s diagnoses. My first question for you is, have you asked for an initial evaluation? If not, I encourage you to ask in writing and send a copy of your request to the director of special education for your district.
If you requested, and the school denied the request, you can disagree with them. If they deny your request, they are required to send you written notice of the denial of their request. If they didn’t give you this notice, I suggest you send them that written request.
If they did provide the notice, again you can disagree. You can arrange to have your child independently evaluated, provide the results to the school, and ask them to reconsider. You can also request a due process hearing to dispute their denial.
I highly encourage you to connect with your local parent center (http://www.parentcenterhub.org/find-your-center/). They can better walk you though you options.