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[quote=Anonymous][quote=Anonymous][quote=Anonymous]It’s absolutely illegal to refuse an IEP if a child is performing at or above grade level. Sounds like it’s time for you to lawyer up.[/quote]

NP here. Can someone please send a citation to the law where this is stated?

DS8 has ADHD, is reading above grade level but struggles with comprehension, and struggles socially and with minor behaviors. He has dysgraphia as well, though I don't think that's been explicitly stated anywhere. Through his 504 Plan, he gets OT 1x week (helpful) and a session with the social worker 1x week (not so helpful); the rest of the accommodations are basically unenforceable.

We went through the RTI process again this year, and they say that even though he is clearly struggling with comprehension, he is still above grade-level and want to kick the can down the road. I want him to receive some additional specialized instruction in reading comprehension, as well as social pragmatics from the ST (instead of social worker), but feel gaslighted every time I bring it up. School decided this year that he has autism, and would magically give him an IEP if I simply agree (despite the fact that our dev ped and neuropsych say no).

I don't understand the process. Am I asking too much? I honestly don't know. We're paying for so many other things, I just don't know if we can swing an advocate on top of everything else.
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This sums it up and provides a citation.
http://www.wrightslaw.com/blog/kids-with-passing-grades-eligible-for-504-plans-ieps-yes/

Also, you might like this one on RTI and the law here
http://www.wrightslaw.com/info/rti.parent.guide.htm

If you are going to self-advocate, wrightslaw.com is a great resource to give you the legal knowledge you'll need.
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