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General Parenting
I want to take him out of school
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<blockquote data-quote="flutterby" data-source="post: 466205" data-attributes="member: 7083"><p>He absolutely does NOT have to be behind academically in order to get an IEP. IDEA 2004 specifically states that a child does not have to fail before receiving services. If the child has a disorder that interferes with his education, he should qualify for an IEP. My daughter tests above average and/or gifted in all subject areas except math and she has an IEP. Wright's Law is a good website. There is also a lot of information in the SpEd Archives on this board. </p><p></p><p>I would go for an IEP and not a 504. 504 plans don't have any teeth and can't be enforced. You're going to have to educate yourself on the law. Don't expect the SD to do what they are legally required to do. If they think they can get away with it, they will. You may want to look into getting a parent advocate. </p><p></p><p>You need to send a letter - there is sample letter attached - certified mail with return receipt. It starts the clock, as they have a timeline to follow by federal law. FWIW, most of us here have found school psychologists to be utterly lacking. I believe they only need a bachelor's degree and have no clinical experience. </p><p></p><p>Sample letters:</p><p><a href="http://www.conductdisorders.com/forum/f16/sample-letters-parent-request-initial-individualized-education-program-evaluation-420/" target="_blank">http://www.conductdisorders.com/forum/f16/sample-letters-parent-request-initial-individualized-education-program-evaluation-420/</a></p><p></p><p>IEP's for Children with Behavior Disorders</p><p><a href="http://www.wrightslaw.com/howey/iep.special.factors.htm" target="_blank">http://www.wrightslaw.com/howey/iep.special.factors.htm</a></p></blockquote><p></p>
[QUOTE="flutterby, post: 466205, member: 7083"] He absolutely does NOT have to be behind academically in order to get an IEP. IDEA 2004 specifically states that a child does not have to fail before receiving services. If the child has a disorder that interferes with his education, he should qualify for an IEP. My daughter tests above average and/or gifted in all subject areas except math and she has an IEP. Wright's Law is a good website. There is also a lot of information in the SpEd Archives on this board. I would go for an IEP and not a 504. 504 plans don't have any teeth and can't be enforced. You're going to have to educate yourself on the law. Don't expect the SD to do what they are legally required to do. If they think they can get away with it, they will. You may want to look into getting a parent advocate. You need to send a letter - there is sample letter attached - certified mail with return receipt. It starts the clock, as they have a timeline to follow by federal law. FWIW, most of us here have found school psychologists to be utterly lacking. I believe they only need a bachelor's degree and have no clinical experience. Sample letters: [url]http://www.conductdisorders.com/forum/f16/sample-letters-parent-request-initial-individualized-education-program-evaluation-420/[/url] IEP's for Children with Behavior Disorders [url]http://www.wrightslaw.com/howey/iep.special.factors.htm[/url] [/QUOTE]
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