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After a parent requests a meeting for an IEP, is there a deadline for the district to hold the meeting? My year-old daughter has had sensory processing disorder for many years but was recently reevaluated for that and also diagnosed with auditory processing disorders and ADHD. We have had team meetings with her teachers, counselor, and the school psychologist, but the school has denied us either a or an IEP because they believe she is doing too well academically to need them.
I know that IDEA requires that students be below grade level to some degree, but I thought that section applied even if a student was succeeding in school.
I also thought that impairment in hearing and concentrating ADHD counted as disabilities under section You are partly correct in relation to each point, but also partly wrong in relation to each. See some of my prior answers in other months about the differing eligibility standards for special education and Section plans.
Academic problems are not the only basis for eligibility under either law. A student could be doing well academically under either and still be eligible under either, due to problems with social skills, behavior, organizational skills, or other issues. Each also requires that the student needs some form of intervention to address the disability and its impact.
The difference is that to be eligible for special ed an IEPthe student must require some form of special education instruction, whereas to be eligible for a Section plan, a student can be eligible based solely on the need for related services or accommodations.
How would changing from an IEP to a plan affect my child? The school keeps telling us that his IEP is no longer valid because he does not "need" a specialized program since all of his accommodations can fall under a plan.
The school keeps pushing for abut I am worried that going to a will eliminate, or limit, our rights to request special accommodations. First, there are many situations where a student may qualify for either an IEP or a Section plan. The decision as to which should be used should be made on an individualized basis.
Certainly, children with these diagnoses have skills deficits that need remediation, justifying having goals, objectives and specific strategies or interventions to assist them in developing these skills.
While schools may use the IEP format to write a plan, most schools do not do so. If your child is already on an IEP, the school must convene a meeting to decide to terminate special education eligibility. Can a school legally change any part of an IEP without parental consent? We had an IEP for a 6-year-old child who had not yet attended kindergarten.
The child was found eligible for special education services, and we held an IEP meeting. During the meeting, it was determined by all professionals on the team that the child should be enrolled in kindergarten with an aid, despite his age.
The parents were not given an IEP report but were told to come in to school the next day to enroll the child in kindergarten.
Parents were given an IEP the next day, but it did not mention grade placement. Subsequently, the parents were told that the child could not be enrolled in kindergarten because he was 6 years old and had to enroll in first grade, regardless of his "special circumstances".
And is there any precedent in past cases of a 6 year old being placed in kindergarten rather than 1st grade?
First, generally, the issue of promotion and grade level placement is not automatically viewed as an IEP issue by most school districts. Sometimes, this issue is addressed in district policy, rather than state law.
If this is the case, the IEP more clearly supercedes any limiting policy. Although it is legally permissible to change any IEP outside of the IEP meeting, this can only be done in writing and with mutual consent of the parents and the school staff.
It would be helpful for you if the participating staff is willing to confirm that they agreed that the child should be in kindergarten, but it may be difficult to get that documented in writing.
In all likelihood, the parents will need knowledgeable legal help to assess the situation and determine their legal position. In either event, getting documentation of what the team actually agreed to, versus what was written subsequently, would be very important.
How can I successfully advocate for my child during an IEP meeting when the school is not considering my ideas? Our son has ADHD and other emotional issues.
He has a personal paraprofessional with him all day to keep him on task and for his safety issues i. The school sent us a notice of action to take his paraprofessional away. All the reason they gave us was that his teachers and paraprofessionals say that he could succeed in school most of the time.
It is a safety issue for us most of all, so we brought letters from doctors, therapists, and social workers to back up our reasoning. We had an advocate at the meeting who was surprised by their decision; they had a consultant at the meeting who works for a special ed law firm.
We were out-gunned and are wondering:LD OnLine is the leading website on learning disabilities, learning disorders and differences. Parents and teachers of learning disabled children will find authoritative guidance on attention deficit disorder, ADD, ADHD, dyslexia, dysgraphia, dyscalculia, dysnomia, reading difficulties, speech and related disorders.
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