Monday, March 2, 2020

Can my child be exited from an IEP?

A student cannot be declassified – 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 IEP Team still determines the student no longer qualifies, then the school issues a Prior Written Notice (“PWN”) and the student is exited from special education – unless the parents invoke stay-put and file Due Process 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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