Vickilyn: Because my son is doing very well in school they want to take him out of special education title and his IEP. They want him to only have a 504 should I do that?
IEP Termination: REMOVING MY SON FROM AN IEP
Special Education Law and Advocacy
can you be taken out of an IEP without a evaluation being done?
Yes, if the student is graduating from a secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under state law. 300.305(e) Otherwise, the school must evaluate.
I have a child they placed in special ed since covid and them being totally remote the special ed department has failed to accomodate my child and I have had to help in all areas after working a 40 hr job. I have called and complained numerous times with no success. They point blank don’t care. My child refuses to attend remote class with one special ed teacher as she is nasty and treats her as if she is stupid. I want to remove my child from these services for next year is this a good idea?
Does a high school student need to be in a special ed class specifically all year to keep an IEP when still using accommodations in the general classroom? Can the student just be in the special class for part of the year & utilize accommodations in the general classroom?
No, students do not have to be in a special ed class to have or keep an IEP. The IDEA says that a student’s placement is assumed to be in the regular education classroom with peers who are not disabled, and in the school they would attend if they did not have a disability. To make this work, the school must provide “appropriate aids and supports” – this includes related services, “supplementary aids and services,” accommodations & modifications. Appropriate aides and supports include accommodations, modifications to the regular curriculum, help from an itinerant teacher with special education training, special education training for the regular ed teacher, computer-assisted devices, and a resource room for specialized education (not a study hall).
My son is a freshman this year and made all A’s, his ARD is tomorrow morning and they called us today to let us know that they are wanting to remove his services. He is high functioning ASD and we were told the teachers do not feel he has an educational need to receive services. This is the first time since 2nd grade that he is doing so well I am concerned because it is only the first 6 weeks and we have been years of getting him through his classes, but it varies, sometimes he is point on and other times, it can get really rough with o’s and etc. Teachers in the past have padded his grades and also he himself as expressed his concern of not having the services when he might need them. I guess I am just not prepared to hear today that tomorrow morning they want to pull his services.
Lara,
If the ARD has not been held, you can disagree, and they need to reconvene the meeting in 10 days. I am with the TX federally funded parent training and information center . Our staff in your area can assist you. You can find that person at http://www.prntexas.org. The school must conduct an evaluation before dismissing a student. You can also contact me at cnoe59@hotmail.com
I’m a college student studying about to become a teacher. As a middle and high school student I myself had a IEP. My parents got me in regular classes around the time I was a freshman I believe. I remember I was upset, angry, disappointed because I didn’t want to leave the program because it was easy. Get the key word? “Easy” IEP programs aren’t designed to get you out there in the real world. And does you’re kid plan on going to college? If so and he still has a IEP by the time he’s a senior in high school he’s going to have a hard time to get accepted to any college.
I know many students who had IEPs in their senior year in high school who are doing well in college and have graduated. However, Brandon makes some good points. One has to carefully plan to transition to college beginning in middle school or earlier with the right courses and pathway to college. For some students, that includes less academic modifications and better access to up to date assistive technology to access course content and working and using other resources. Parents and students need to understand how disability services function at the college level. The focus points for college are campus “fit” and student determination along with any accommodations. It can happen and has for so many. An IEP can be empowering on so many levels with the right advocacy.
First of all what grade is you’re son in?
You have every right to dispute this if you do not agree. The school wanted to remove my son from special ed & said he did not meet the qualifications anymore. I believed it would be a disservice to him to pull him out. I did not sign the IEP & explained why I did not want him out. The school must give you a prior written notice document to explain why they want to do this. If you disagree you may request in writing an outside evaluation at the school’s expense to get another opinion. THe school will send you a list of places you can test. You do not have to go to anyone on their list. We got a referral from a special ed attorney for a psychologist who specializes in my son’s disability. Once the testing was done the school kept him in the program.
So if they decide that my child no longer needs services but I dont sign any written notice. Can they remove my son of any iep services?
Abby, the school cannot remove your son from any of his IEP services without your consent. He has to be evaluated every three years and or they have to give prior written notice that they are terminating the IEP. If you disagree you can have him re- evaluated independently to see if he still needs the services. If you don’t sign anything he stay in his services
Abby, unfortunately the school can do this. They must evaluate the student before doing this. A parent can file a request for a due process hearing with the state. If it is filed quick enough the school has to keep the child in their current placement until the issue is resolved. Your state parent training & information center can assist you. http://www.parentcenterhub.org/find-your-center
Chuck I thought the whole team including the parents had to agree that the IEP services needed to be removed? Am i correct in my thinking or no?
Marcus, Some states may develop specific rules on this, but IDEA anticipates there will be disagreement over decisions. That is why the procedural safeguards allow parents to deal with disagreements thru state complaints, mediation, & due process hearings. Some states have added facilitated IEP meetings to this.
I think that what happens (sometimes) is that the school retests the child and they no longer have components for eligibility and are dismissed even though the parent may still want services.
Hi Chuck,
Thank you for the information.