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My child has passing grades, and the district is saying that this means she cannot be eligible for special education. Is that true?

posted Feb 27, 2018, 2:13 PM by Diane Willcutts   [ updated Feb 27, 2018, 2:15 PM ]
No.

From 300.101(c) of the IDEA regulations:

Each State must ensure that FAPE (a Free and Appropriate Public Education – special education) is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade

It's also important to remember that special education is not just about academics.  There are some students with IEPs who do not receive any special instruction for academics but who may need special instruction in social/pragmatic skills, organization, emotional regulation, etc.  For example, the U.S. Department of Education has stated in the attached letter (see link below):

"The term 'educational performance' as used in the IDEA 'means more than academic standards as determined by standardized measures.'"

If questions, let me know!

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Diane Willcutts,
Feb 27, 2018, 2:13 PM
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