Q & A: IEP vs. 504 eligibility; IEE

Question:

The district recently evaluated my child and determined they were ineligible for special education. I rejected that finding and requested an Independent Educational Evaluation (IEE). Can I also request a 504 eligibility meeting while the student is undergoing an IEE?

Answer:

Yes. You can and should request a 504 eligibility meeting. While a 504 is different than an IEP (read more here: IEP vs. 504) it could still provide some accommodations and protection from school discipline. Having a 504 plan doesn’t mean that you agree with the district about special education eligibility (read more here about special education eligibility in Massachusetts). In addition, IEEs, whether based on state or federal law, are not negated by a student also having a 504 plan.

If you are concerned about your child's special education supports and services, contact the Boston area law office of Wong & Boscarine.

Q & A: Autism and Eligibly

Question:

Does an autism diagnosis automatically make a child eligible for an IEP?

Answer:

No. An autism diagnosis does not automatically make a student eligible for an IEP. In order to be eligible a student must both have a disability AND require specially designed instruction (i.e. something different than the general education curriculum) in order to make effective progress (progress in the general education curriculum commensurate to the student’s potential). In Massachusetts, effective progress includes academic, social, and emotional progress. Therefore, a student could be receiving good grades and still qualify for an IEP.

If you are concerned about your child's special education supports and services, contact the Boston area law office of Wong & Boscarine.

Q & A: Invoking Stay-Put When Student Found Ineligible

Question:

My child has received special education services for two years. The the school re-evaluated my child and determined he no longer required an IEP. We asked if we could invoke our stay-put rights, and were told that we could not as stay-put can only be invoked when there is a reduction of service, not when ineligible for the service. Is this correct?

Answer:

No. You can and should invoke stay-put if your child is found ineligible for special education services. In Massachusetts, the services previously offered by the district that you previously accepted should continue until and unless the district files for a hearing and prevails.

If you are concerned about your child's special education supports and services, contact the Boston area law office of Wong & Boscarine.