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Must a Student Be Failing to Qualify for an IEP?
I've been battling the schools for years now.
I suspect my child has a Specific Learning Disability (like dyslexia or dysgraphia), and asked the schools to do evaluations.
The school asked why I wanted evaluations done, and I replied that I knew there were co-existing conditions that could go along with ADHD like learning disabilities, Aspergers, Tourettes, Bi-Polar, Processing Delay, Sensory Dysfunction, etc. and I thought my child was displaying symptoms of dyslexia.
I also went into detail on the history of my child's homework struggles. The crying, writing letters backwards, illegible handwriting, taking hours and hours to read a few pages, little comprehension when reading, not being able to memorize, complaining of motion sickness and stomach problems when doing homework, etc. the list goes on and on...
The school asked if my goal was to obtain an IEP. I replied that if the IEP would assist my child in her homework and reading struggles, then yes. I also replied that I wanted my child evaluated to find if there were any other conditions like the ones mentioned above, that are sometimes confused for ADHD. I've found that more and more kids are being mislabeled, and furthermore- I've read the statistics on the chances of someone diagnosed w/ ADHD to have co-existing conditions. I told the school I needed help establishing an accurate diagnosis.
The school told me that in order to qualify for an IEP, my child had to be failing. And therefore, an IEP consideration at this time would be denied. I was told there is a procedure and criteria list you must fit in order to qualify for an IEP. The first things schools look at is if the child is failing. If not, an IEP is not necessary. The 2nd thing a school does BEFORE doing evaluations on a child to check for learning disabilities is to do something called an RtI. If the child is progressing with the RtI- no evaluations are necessary, because the child is doing well academically.
I asked the school, does this mean that the only way to qualify for an IEP is to be failing? The school replied: YES.
I'd like to be able to accurately fight the schools on this. Can anyone please advise me?
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