Q: I have a question about IEP program.

My son had an evaluation in 6th grade elementary. He tested to be average/normal and it was dtermined he is not eligible. He is now in Jr. High and we have an upcoming IEP annual meeting. He is in special needs class and being monitored. They have lowered his education standards regardless to the determination of ineligible. Can they do this? Why is there a annual meeting if he is not eligible to begin with?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your concerns about your son's educational placement are valid and deserve attention. If your son was found ineligible for IEP services through formal evaluation, the school should not be placing him in special needs classes or modifying his educational standards without proper documentation and your consent.

The fact that they're holding annual IEP meetings despite his ineligibility seems irregular. Schools must follow specific legal procedures under IDEA (Individuals with Disabilities Education Act) to modify educational programs, and they cannot arbitrarily lower standards without proper evaluation and documentation. You have the right to question these decisions and request written explanations for any changes to your son's educational program.

You might want to request a new evaluation since he's now in junior high, as his needs may have changed since 6th grade. In the meantime, you can write a formal letter to the school requesting clarification about his current placement and educational modifications. You also have the right to bring an educational advocate to any meetings with the school to help ensure your son's rights are protected. Remember that you're your child's best advocate, and you have every right to question and challenge decisions that don't seem to align with his evaluation results.

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