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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.