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Shannon:  8 weeks before graduation my son’s high school tells me they have performed a data review for his Triennial Review. They have prepared a report and the diagnostician will present the report at the IEP meeting next week. They are trying to end all services. Why do that 8 weeks before graduation?

Isn’t notification required for a Triennial year? Isn’t written requests for testing for Triennial year required? I didn’t know this is a triennial year and he graduates in 8 weeks. Don’t they have to notify me? Required to ask for testing?
I had brain surgery last August and my son is Autistic and ADHD. They are trying to remove all services and then graduate him in 8 weeks.

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07/08/2018 8:52 pm

In the state of Maryland can a child be discharged from special education services/IEP (student has a formal diagnosis of Autism, ADHD and other socio-emotional diagnosis without parental consent. The school is stating he has made “plenty” academic process and no longer needs an IEP.

07/09/2018 10:46 am
Reply to  JNew

To answer your question no they may not. Parents are part of the team and they have a deciding factor in this as well. Also before a child gets discharged from Special Education they have to be reevaluated to see if they still need the IEP or not.

07/09/2018 10:55 am
Reply to  JNew

I suggest that you contact the Maryland parent training & information project.

Jill G
04/04/2016 1:58 pm

Shannon –

I have to admit this gave me a laugh, this trick that the school played. I honestly cant think of a sane reason the school would do this.

Yes, the school must ask your consent before reevaluation. And they must get an “extra” consent from you if they want to use a data review in lieu of testing for the reevaluation. So clearly they acted out of compliance.

You can disagree with school’s proposal to discharge your son from special education. In some states, merely disagreeing (always do so in writing) is sufficient to keep his IEP and services as is. In most states, however, you must request a due process hearing in order for him to receive “stay put.”

A question: Do you intend for your son to graduate o you will deny the diploma and push for continuing services?

Sharon L.
04/03/2016 5:41 pm

Don’t sign anything. If you decide to take this to due process this IEP will go into “stay put” and will be considered the “last agreed upon IEP” until the dispute is over. If you do not go due process you still don’t have to sign anything. Yes, they need to let you know if there is a triennial year. They need to give you a “prior written notice” if they intend to remove all services. This is dangerous because if you want your son to go on to any kind of education after graduation you need this IEP. The school should give you a transition plan instead of ending all services. The transition plan takes you to the next step.

04/03/2016 8:36 am

Can an IEP student receive an f on a report card, even though she receives classroom accommodations for her disability,extra school help, and has a personal math tutor? What happens if a district has never met her IEP math goal?Thanks.

04/04/2016 10:42 am
Reply to  Wishes

The IEP does not guarantee that your child won’t fail, although it is unusual for a child with an IEP to fail. 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.Take a look at this post, Can a Child with an IEP Fail?