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Special Ed 101
difficult child behind in academics - what are his rights?
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<blockquote data-quote="dadside" data-source="post: 218191" data-attributes="member: 5707"><p>First, there is no law I've heard of that says a school can't provide help where needed, IEP or not. The principal federal law - IDEA 2004 - says that schools are required to provide needed education services for a child who qualifies. Qualification calls for a specified condition (including ADD, emotional disturbance, depression, and many others) and that because of one or more such conditions is not learning as they should -- roughly, near their intellectual capacity. The IEP is the plan for services provided under IDEA. But again, nothing says they can't provided help - services - either without a formal plan or in contemplation of a formal plan.</p><p> </p><p>You can request an evaluation for eligibility for services under IDEA. From what you've written, it seems he ought to qualify. However, the determination requires various evaluations and testing, and can take a couple of months, which does nothing for today's issue(s). If you want to pursue it, there are certain steps you should follow carefully to protect your and your son's rights -- not tricky, but important, beginning with how to make the request for evaluation. I can provide links if needed.</p><p> </p><p>For right now, I suggest waiting until the conference, discussing the situation, including his changing education delivery systems as well as reasons therefor, and see what they say. At this point, being "friendly" may prove easier and more productive, especially in the immediate future. But, if no satisfactory results, or no follow-through on promises, make the formal request for an IEP evaluation.</p></blockquote><p></p>
[QUOTE="dadside, post: 218191, member: 5707"] First, there is no law I've heard of that says a school can't provide help where needed, IEP or not. The principal federal law - IDEA 2004 - says that schools are required to provide needed education services for a child who qualifies. Qualification calls for a specified condition (including ADD, emotional disturbance, depression, and many others) and that because of one or more such conditions is not learning as they should -- roughly, near their intellectual capacity. The IEP is the plan for services provided under IDEA. But again, nothing says they can't provided help - services - either without a formal plan or in contemplation of a formal plan. You can request an evaluation for eligibility for services under IDEA. From what you've written, it seems he ought to qualify. However, the determination requires various evaluations and testing, and can take a couple of months, which does nothing for today's issue(s). If you want to pursue it, there are certain steps you should follow carefully to protect your and your son's rights -- not tricky, but important, beginning with how to make the request for evaluation. I can provide links if needed. For right now, I suggest waiting until the conference, discussing the situation, including his changing education delivery systems as well as reasons therefor, and see what they say. At this point, being "friendly" may prove easier and more productive, especially in the immediate future. But, if no satisfactory results, or no follow-through on promises, make the formal request for an IEP evaluation. [/QUOTE]
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difficult child behind in academics - what are his rights?
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