IEPs and Legal Issues

School wants to dismiss from IEP

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Joined: Jul 24, 2006
Posts: 2
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Posted Jan 17, 2007 at 12:33:35 PM
Subject: School wants to dismiss from IEP

My daughter's school wants to dismiss her from having an IEP, and I'm not sure what to do at this point.

She was originally diagnosed with a learning disability in 2nd grade, along the lines of what the average person thinks as "dyslexia". Comments were made that she may need books on tape by high school.

She is currently in 11th grade, taking AP classes and doing very well. Her IQ is very close to the the gifted cut-off, but not quite there.

She has chosen to spend huge amounts of her time studying and doing homework - giving up other activities - because she loves the challenge of thinking.

The only accomodation used at school is extended time, and she uses that mostly for standardized tests and for some tests given by her AP teachers. Most other teachers give everyone extra test time. She has also been approved for extended time on both the SAT and ACT.

At home, she puts in long hours, and uses many of the tools she's learned over the last 9 years.

Now they want to eliminate her IEP, saying yes she has a disability, but she doesn't need special ed, since "special ed services" are only those provided by people - and extra time for reading doesn't count. If she needs more time, I should personally petition each teacher. Also, that "general education" means regular class level, not honors or higher. Someone at the meeting suggesed a 504, but was told that they don't do that.

Any suggestions?

Thank you.

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Joined Jul 20, 2006
Posts: 15

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Posted:Jan 18, 2007 10:25:32 PM

It sounds like you daughter dose not need sp. Ed. To be LD you MUST bee two criteria 1. your testing guidelines (that differ from state to state) 2) need the services, both are equally important.

A 504 is a legally document like an IEP but in a generally education setting. If you daughter has a disability under IDEA she can get a 504. 504 is a much broader law and is easer to get. section 504 is to give access to the general curriculum. All college students with disabilities are served under section 504 of the law and not IDEA (PL94-142) which is school age student only.

I not sure of the law in your state you might be able to keep her served under IDEA if you stick to it and make a fuss. I would see how long accommodation on the SAT last for (I think its more then a year). She may want to retest.

Also remember if you want accommodation in college you need a recent eval.

Special ed in more ways then one.

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