My son has been diagnosed with a mixed receptive and expressive learning disability. He has been on an IEP since kindergarten and is now in 6th grade. His reevaluation came up, and the testing is showing he is making adequate progress; so they want to take him off his IEP. What rights do I have to keep him on one to maintain his accommodations?
First, the fact that your child is making appropriate progress doesn’t automatically mean the services are not required, though schools often respond this way. Part of the decision should include consideration of whether the services remain needed in order for your son to make the progress. If the school proposes to discontinue services, you have the right to request a due process hearing, which you should do immediately upon receiving the school’s decision to terminate services. If you make a timely request for a due process hearing, the school is supposed to continue services while the dispute is pending. This can give you time to gather information as to why services are needed, potentially get outside evaluations, and potentially consult with or get the assistance of a knowledgeable advocate or attorney. In addition, even if the school decides to remove eligibility for special education through an IEP, your son may still qualify for services and accommodations under Section 504.