Passing Grades?

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Answer:

By IDEA laws (Federal), if anyone "suspects" a child has a disability and requests a comprehensive psychological evaluation in writing, the school MUST test the child. The referral does not have to come from the school. A parent CAN request testing. Additionally, according to IDEA, testing must be done within a reasonable time period and many states specify exactly how many days. In Georgia, a child must be tested within 60 days of the written permission to test. I suggest checking out your state laws through the state Department of Education. Your school cannot simply say testing your child is "not a priority".

Our school told us the same thing because our child was making C's and the school didn't "see a need" for the services we were requesting. I told them I didn't care if our child was making A's if he couldn't read! IDEA laws specifically state a child can qualify for special education "EVEN IF THEY ARE PROGRESSING FROM GRADE TO GRADE".

Familiarize yourself with legal requirements through the Free IEP training at http://www.LearningAbledKids.com/, through www.wrightslaw.com, www.IDEAPractices.org, and your state's department of education rules governing IEPs. MANY, MANY school administrators and teachers are mis-informed or uninformed regarding special education rights and mistakenly think that if a child is passing, there is no need for special services! They require 'failure first' which is prohibited by IDEA.

We were able to file a successful due process case against our school system. Take heart, if your daughter needs help.. you can probably get some, but it won't be an easy battle (and it is a battle when the school doesn't think services are necessary and hasn't even tested). We went and got our own private evaluation and the school STILL wouldn't provide services because of the passing grades. Classroom grades are NOT an adequate measure of a child's progress.

Hope that helps some, at least. It isn't an easy road, but often the parent is the first to see the child is struggling and needing help.. before the advanced academics of middle or high school catch up to the child and cause failure. IDEA says Failure is NOT a requirement for a child to receive services and the goal is proactive educational services... So, You GO GIRL!

Best Wishes,
Sandy

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