Anonymous wrote:
Anonymous wrote:Not in my experience. The bolded part is my experience. We were told point blank that DS HAD to be performing BELOW grade level to initially qualify and receive services. In their opinion, if a child is performing at grade level without services/accommodation, then he/she does not have a problem accessing the curricula regardless of if he/she is performing at his/her intellectual potential. A child that is performing at or above grade level with additional services/ accommodations should already have an IEP or 504.
It's not unusual to be told that a child doesn't qualify for an IEP because the child is working at/above grade level but there's nothing in the law that indicates that would be a disqualifying factor. The determining factors regarding eligibility are limited to disability and educational impact. A child must be considered to have a disability in two areas which negatively impacts his/her education. It's critical for parents to take the time to read and understand the law and be able to point out this falsehood.
http://www.wrightslaw.com/info/elig.sld.osep.felton.htm
http://idea.ed.gov/explore/home
http://www.wrightslaw.com/info/elig.add.grades.htm