IEPs and Legal Issues

What to do about delivery of non-grade level content

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Joined: Mar 24, 2011
Posts: 1
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Posted Mar 24, 2011 at 9:51:34 PM
Subject: What to do about delivery of non-grade level content

My daughter’s teachers consistently require my daughter to do work well below her grade level even though she does not qualify for special education and despite my frequent protesting. In my mind she is not receiving a FAPE because she is not allowed to read grade level books or do grade level spelling. The work that her teachers accept is atrocious (two sentence "paragraphs" in 5th grade). Has anyone used special education law to advocate for students who are deemed through a special education evaluation as not qualifying? I don’t think my daughter is LD and testing seems to verify that. How do I get her school to teach her at grade level? How do I get the school to provide compensatory education so she gets up to grade level? Does anyone know of legal precedence?


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Joined Apr 29, 2008
Posts: 135

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Posted:Mar 28, 2011 7:32:02 PM

You have described that your child does not qualify for an IDEA disability. The protections of FAPE are therefore not applicable. If there is no IDEA disability then there is no IEP and therefore no basis to determine if FAPE is being denied or made available to your child. She has no entitlement to FAPE within the standards of IDEA.

I think your issue can best be resolved by meeting with the Building Principal and address the instructional issues of your child receiving what you perceive as below level work assignments. I sense she may need differentiated instruction and this may be what is being offered at this time.

There is not enough information provided in your summary to determine what has been done in your child's behalf when she was not found eligible for an IDEA disability. How long ago was that decision made? What was the basis of the decision not to identify?


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