Tuesday, December 24, 2019

Can the school exit my child from his/her IEP?

Can the school exit my child from special education?  A student cannot be exited from special education without an evaluation.  If the evaluation indicates the student is no longer in need of special education, then the parents may exercise their right to request an Independent Educational Evaluation (“IEE”).  Schools need not accept/agree with the independent evaluator’s conclusions, but the school must consider the conclusions.  If the Team still determines the student no longer qualifies for special education, then the school MUST issue a Prior Written Notice (“PWN”) and the student is exited from special education.  The parents may then invoke STAY-PUT and file a Due Process Complaint seeking a determination by an Administrative Law Judge (“ALJ”) whether the student still qualifies for special education.   The student “stays put” in special education under his/her last agreed-upon IEP until such determination by the ALJ, and through any appeals.

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