Friday, July 2, 2021

Can the school remove my child from an IEP?

Parents often ask:

Can the school exit my child from an IEP?

How can a school exit my child from an IEP?


The answer to these questions are that schools are not allowed to just dimiss - or exit - a student from an IEP without a formal evaluation.  And so an IEP may not just say that a student no longer needs special educaiton and related services.  Instead, the IEP team must arrange to re-evaluate the student in all areas of suspected disabilty, and only after the evaluation may the team decied whether or not the student continues to need special education and related services, that is, whether the student still continues to be eligible.  

The federal regulation that addresses this is 34 CFR 300.305.

Kirsch-Goodwin & Kirsch, AZ Special Education Laywers

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