IEPs and Legal Issues

Do IEPs grant the right to retain?

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Joined: Jan 17, 2008
Posts: 9
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Posted Jan 31, 2008 at 11:16:16 AM
Subject: Do IEPs grant the right to retain?

We think our 7 y.o. b/g twins should repeat second grade. Both have IEPs for speech and reading. Both receive appropriate support services. Both are developmentally immature for their age. What do we do if the school says they can't repeat?


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Joined Oct 02, 2006
Posts: 172

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Posted:Jan 31, 2008 4:24:37 PM

Here's what I have heard... When I asked my dd's teacher about retention she always told me the same exact line "they don't think it helps and they don't recommend it." as if it was the standard answer given when asked. But once I got to know her really well and we were discussing another student (with the parents permission), she told me the same line, but then when I asked "can't the parents insist?" she said "YES, the parents can insist". I asked if she could tell them that and she said no, but then I said "I could tell them that they can insist" and she said "YES (with enthusiasm) YOU can tell the parents that they can insist." Like, she knew that the parents could make a case for it, but the teachers were not allowed to tell the parents that they have the option of retention if they wanted it.

The bottom line is this, (always $$) if the children are retained then that's yet another year the state has to educate them.

Our principal told us this week that part of the problem with retaining kids in special ed is when they do not have family support, because when the child is 18 they will likely drop out of school and they will only be a jr. in high school at that point. If they turn 18 during their sr. year there is more chance the child will stick it out for a few months just to get the diploma. And let's face it, school will be tough for these kids. The temptation to quit will probably be greater at that point.

Believe me, I've thought about this too. It helps that we have a younger child without disabilities, so he will still be living at home and going to school when our dd turns 18, but I just can't picture her really wanting to go on beyond that.

I'll probably have to bribe her to stick it out until the end of the year. We'll see. She's only 9 right now!

Good luck. If you really want to retain them, you will have a fight on your hands and might have to hire an advocate or an attorney if it goes to a due process hearing.

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Joined Nov 03, 2004
Posts: 59

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Posted:Feb 05, 2008 8:51:58 AM

My husband and I intentionally gave both our sons an extra year of school. Whether you call developmental kindergarten, junior primary, etc., it still comes down to an extra year of school. My son will be eighteen going into his senior year this fall 08. It has been the best decision for us. He's more mature and has learned to be an advocate for himself.

I can't imagine him taking the classes that he is currently taking this time last year.

Personally, I feel that I am responsible for my children's education and the public school system is a tool for me to get that for them.

You know your children and if you feel an extra year would be beneficial for them not only in second grade but in high school, do it.

Why is it okay to hold students back without IEP's but not for students with IEP's? Let's be reasonable if you are willing to ask the question don't you think that these kids have support at home.

Stick with your gut feeling.

Shel If your not kicking hard enough your not making waves!

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