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After a parent requests a meeting for an IEP, is there a deadline for the district to hold the meeting? Can schools consider academic performance when evaluating a child's special education status?
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 Shouldn't she be able to receive accommodations from the school district for her disabilities even if she's doing well academically?
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.
However, both laws require that the problem have a significant impact on the child's functioning. 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 The school keeps telling us that his IEP is no longer valid because he does not "need" a specialized program since all of his accommodations can fall under a plan.
We've had a bit of a contentious relationship with this school, and things that we have asked for e.
The school keeps pushing for abut I am worried that going to a will eliminate, or limit, our rights to request special accommodations. I don't know if a plan could be adequately individualized for my son.
I'm wondering what my rights are in this situation and wondering what steps I should take to keep my child on their IEP.
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. Rather, their plans are often focused on accommodations and not on plans for how the child will develop needed skills and how the child's progress will be monitored.
If your child is already on an IEP, the school must convene a meeting to decide to terminate special education eligibility. If you request a due process hearing immediately after this decision, the school must maintain your child's eligibility and previously provided services until the issue is resolved.AFAM Intro to African American Studies This course provides an overview of African American history and culture.
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