IEPs and Legal Issues

Need a clarification about the law

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Joined: May 02, 2010
Posts: 1
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Posted May 02, 2010 at 11:00:30 AM
Subject: Need a clarification about the law

OK - So IDEA says you are eligible if you have a qualifying disability (in this case a speech language impairment) AND require special education services to get an appropriate education.

The school agrees that the disability is present. They agree the student requires speech therapy 3x a week, and may need preferential seating, redirection, etc. due to language processing difficulties and a cognitive delay. They are providing these accomodations.

The school says the student doesn't qualify for an IEP or even a 504. They declassified the student.
I just wanted some feedback to make sure I'm not crazy. From how I read the law this shouldn't be allowed, right?

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Joined Apr 29, 2008
Posts: 135

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Posted:May 03, 2010 12:29:57 PM

I think your post needs some response. Please note the following:

1) IDEA does not guarantee a child to always be identified as a child with a disability. If declassified, this then would require your consent to do so. My advice is not to consent to the declassification.

2) For the school division to state your child has a need for speech interventions 3 x per week and then say they are accommodating his language issues with accommodations is confusing. Please be informed that a child with a speech and language disability can be provided special education for either an articulation disorder, a language disorder, and /or both. Often, a speech pathologist will indicate that a child needs articulation intervention but no language intervention and therefore a child is declassified. This is in error. If articulation intervention is needed for this child to benefit then your child continues to be a child with a disability.

3) The 504 issue is a moot one as it would appear that your child continues to be a child with a disability due to articulation.

4) I suggest that you begin to follow a chain of command with your concerns and contact the Director/Supervisor of Special Education within your school division about your concerns.


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Nadine Richards-Ramsey
Joined Oct 13, 2010
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Posted:Oct 13, 2010 11:31:53 PM

I don't understand how your school system can declassify this student? It makes no sense to me. What are they going to do if this student's parents check into what their child is eligible for and they realize that they are eligible for benefits and help? Often I wonder how well our school systems really know the educational law?

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