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My child was evaluated for Spec Ed and found not qualified

Posted: Sat Mar 18, 2023 1:09 am
by lufkin
So lets say your child underwent a full evaluation and the school/district came back and said your child doesn't qualify for Special Education(IEP), but "we can put them on a 504 instead". In my opinion, a 504 is worthless. If there is a dispute in the future (there will be), an IEP will give you much better options over a 504 which has minimal recourse for the parent. If they deny an IEP (Special Education), request for an IEE (Independent Educational Evaluation).

Once requested, by law, the school/District has only two potential responses...grant the IEE, or file Due Process. If they choose to file Due Process, the burden is on them to prove that the evaluation they conducted was adequate/suitable for your child.

If the school/District grants the IEE, they cannot impose conditions on the IEE. The results have to be considered by the IEP team.