Good grades are NOT a valid reason for your student to be denied access to special education services.
It is too often that I am on a call with a parent whose child has been denied special education services because their grades or behavior is said to be “too good” for them to qualify.
FAPE stands for Free and Appropriate Public Education. It is defined by legislation called IDEA, or the Individuals with Disabilities Education Act. The act clearly states that FAPE must be made available in Sec. 300.101 (c) (1)
If your child’s school has given you this response, you should ask that they provide it to you in writing. Also legislated in IDEA… Prior written notice, with data-driven explanation, must be provided whenever a school “Refuses to initiate or change the identification, evaluation, or educational placement of the child or the provision of FAPE to the child.” (section 300.503 (a) of IDEA)
You can then request a comprehensive educational evaluation, or an evaluation(s) specific to the concerns you have about your child in school. It is again advisable that you do this in writing, and that you state your specific concerns as relates to your child’s challenges in school.
If the school refuses to perform these evaluations or if you are not satisfied with the results of school administered tests, you may request an Independent Educational Evaluation (IEE). If you reach this point, I have created other blog entries and videos that will be of interest to you:
Most importantly in these situations, don’t give up! Read the laws… do your research. And just remember that if you need support I am here and happy to speak with you about your childs challenges or school responses to them. I offer my free consult to all parents calling me for the first time.
Give me a call or click to request a free consultation below. Leah Sansone, M.Ed. 919-510-3180
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