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Melissa:  My son has received IEP services for intellectual disability and for emotional disabilities most of his school years. In todays 3 year eval the school psych told us that he can not receive services for both and PSR services are being pulled and ED is being removed from his IEP. Many staff members in attendance verbally disagreed with this decision. Is this accurate??

  1. Child transitioned from 504 for hearing disability, to IEP for SLD (math). School removed hearing impairment from IEP. They said cannot be put on unless found eligible for DHH services. Already evaluated for DHH services years ago, none needed. They are again evaluating,we know will show none needed, as accommodations on IEP address her needs. She has accommodations on IEP for her hearing (not graded down on spelling, preferential seating, etc.). On IEP at top it says Primary Disability: SLD, then in same block it says Other Program and Service areas – and it is blank. We have asked them to put her Hearing Impairment in that block, They refuse, say must receive special services, not just accommodations.Is this correct?

    • There should be a section in the IEP for medical current functioning and you can put her hearing impairment there but they are correct, they cannot list a disability unless she is eligible under that category. You should have it noted throughout the IEP however that she has a hearing impairment.

      • I guess i am disagreeing with you Jeannie, looking at replies here to similar questions, it sounds like her disabilities that fall under the 14 categories under IDEA can be included on the IEP. It is a matter of semantics. She is ineligible for DHH “services,” but she has specific accommodations shown on the IEP that are for the hearing impairment. I spoke with the state funded parent advocacy center again this morning and they reiterate that the school must include a child’s other disabilities which are recognized under IDEA in the section I am requesting (in this county, “other program areas and services”) and that it is irrelevant that she is not eligible for Special Services Under their Deaf/Hard Hearing program.
        I hope a Wright’s Law staff person will respond to this.

  2. No, not accurate. Special education is intended to be individualized to each child’s needs. The law and regulations require the team to identify the disability / disabilities accurately. Imagine a child with several disabilities – cerebral palsy (orthopedic impairment), specific learning disabilities (LD), attention deficit disorder (LD or other health impairment), diabetes (other health impairment), severe vision impairment, etc. The team can’t pick one disability and ignore the rest of the child’s disabilities and needs.
    Suggest you write a short letter to the head of your child’s team with a copy to the special ed director that includes what you wrote here. Ask to see the law, regulation, or policy that says a child can only receive svcs for one disability. Be polite! Keep us posted.

  3. IEP means INDIVIDUAL Education Plan. Anything can be on it that the child needs, even behavior plan, social skill training, etc. They can include any and all services necessary.

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