San Diego, CA asked in Education Law for California

Q: My daughter currently has a 504 plan, but she needs an IEP instead.

The school performed the assessment as requested, and when they presented the results, they said my daughter

" does not meet qualification criteria under the category of Other Health Impaired" so they put her under a 504 plan. At the time (11/08/21) i knew nothing about 504 or IEP so I didn't contest what the school presented.

However, my daughter has ADHD, extreme anxiety, depression, and lots of social and emotional issues. Today, after reading more about the topic and reviewing the School Evaluation Report, I noticed the school didn't took my daughter's social, emotional, behavior issues in consideration. They focused mostly on her academic and intellectual abilities. It seems my daughter DOES qualify under the Individuals with Disabilities Education Act (IDEA). What can I do to have the school reevaluate her case and provide her with an IEP?

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1 Lawyer Answer

A: There are attorneys who handle education law. Speak with one in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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