Sharon: My son who is in 8th gr and in IEP. At the next ARD meeting the school is wanting to release him from IEP as he is doing very well and the school feels he no longer needs to be in IEP.
I told the counselor that I wanted him to stay in IEP so that he will have the services there if he needs them plus he is diagnosed with ADHD. I told told the school it’s like someone that uses a cane some days and some days they might need that cane but it’s with them in case.
Can the school (in Texas) take him out of IEP even if the parents demand that their son stay in IEP?
We have his ARD meeting on Monday, February 15, 2016.
Thank you, Concerned Parent and mom
Sharon –
My first question is, did the school complete an evaluation? Under IDEA, the school MUST evaluate your child before finding him ineligible [at § 300.305(e)]. So I highly recommend that you ask – insist – the school to complete an evaluation.
If the school already has and is using the results to find your son ineligible, and you disagree with these results (presumably you do), you can exercise your right to a publicly-funded independent evaluation. Alternatively, you can obtain an independent evaluation at your own expense (you may obtain a higher quality one this way).
Aside from this, you most certainly can disagree with the school’s decision and pursue dispute resolution option to remedy the disagreement (mediation, due process hearing, etc.). Some of these options will provide your child with a right to “stay put” – meaning he can maintain his IEP while the dispute is resolved.
Your local parent center can help you understand your son’s rights to evaluation and independent evaluation, as well as the dispute resolution options available where you live (http://www.parentcenterhub.org/find-your-center/).
Sharon, I work for the TX parent training & information project. TX rules allow teams to provide some services for situations like you are describing through the monitoring/mainstream special ed option. You need to learn about this option, & propose it to the team, (Probably ahead of time). TX rules allow you to hold off decisions for up to 10 school days. Feel free to contact me. cnoe59@hotmail.com