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Did Our IEP Come Too Late?Filed Under: ADHD and the Law, ADHD Accommodations, 504s, IEPs, Talking with Teachers
Q:
After struggling in school for many months, my daughter finally got an IEP. The accommodations improved her grades, but she was still recommended for retention by her teacher. I thought that a child with an IEP couldn’t be held back.
A:
Unfortunately, having an IEP does not guarantee that a child can’t be retained. The tragedy in your child’s case — and it happens all too often with special-needs kids — is the lag time between the school’s acknowledging your daughter’s need for an IEP and its instituting an agreed-upon course of action. This is why it is important for parents to inform the school as soon as possible — and in writing — that they are seeking an evaluation and to request a meeting to discuss whether their child needs an IEP or a 504 Plan. Prompt action could have prevented your daughter from being retained.
Robert Tudisco is a lawyer who specializes in ADHD. He lives in White Plains, New York.
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