We often hear from parents who have concerns about their child and his or her progress in school, especially when the district offers an IEP denial. Many request help from their child’s school district, only for the district to
tell them their child does not qualify for an IEP or a 504. Often, the district will simply look at the child’s grades, stating that grades are an adequate basis for determining eligibility. They may also say the student is too bright to need an IEP or a 504.
When the district gives you an IEP denial — Not so fast!
Grades and other evidence that the child is too smart to qualify are not legitimate reasons to deny special education support. Some schools socially promote students who are struggling. We have seen cases where the child either cannot read or cannot read anywhere near grade level, but is receiving “A’s” and “B’s.” Alternatively, a lot of our clients are bright enough that they fly under the teacher’s radar by filling in the gaps and hiding some key skills deficits.
What are the rules for dealing with an IEP denial?
The Individuals with Disabilities Education Act says, “Each State must ensure that an offering of Free, Appropriate, Public Education (FAPE) is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade. The determination that a child described in paragraph (a) of this section is eligible under this part, must be made on an individual basis by the group responsible within the child’s LEA for making eligibility determinations.” In other words, the IEP team makes these decisions. You are a full member of the IEP team.
The system weeds out families by starting with an IEP denial.
The special education system says, “No!” to many parents and many requests. This is a deliberate IEP denial strategy. Often, parents accept the district’s statement at face value, thinking the district must know the correct policies and procedures.
If you are one of those parents who do not take that initial “No!” for an answer, here are the next steps:
Get the IEP denial in writing.
When we give IEP seminars, we always say, “If it is not in writing, it never happened.” When a district refuses to assess your child, ask the district to send the refusal in writing. You then have documentation that they have refused and why. If the district’s reason is not valid, this may come back later and get them in considerable trouble. Sometimes when a parent asks for the denial in writing, a school district’s behavior may suddenly change.
Request a complete, comprehensive educational evaluation to help bypass the IEP denial.
This request must absolutely be in writing! Find out who the appropriate contact is in your child’s district. Email that person and either the school principal or the director of special education. Give your reasons for the request, including any and all challenges you are seeing your child face in school. If you see your child struggling with homework, performing at levels well below their friends or younger sibling, or dealing with great anxiety and difficulty with focus, include that as well. If your student is receiving good grades, acknowledge it. Add “As you know, receiving good grades does not disqualify any student from special education.”
If you have requested an evaluation and the school has denied it, read this article!
For help at your child’s next IEP meeting, more information about special education advocacy services, or a FREE 20-minute consultation to see if we are a good fit for you, call us or fill out our contact form.
As parents, we understand. As advocates, we can help.