Need help with IEP and grade placement.

Submitted by an LD OnLine user on

My son was on an IEP last year and at the end of the school year it was determined that he’d progress to 2nd grade.

We have spent the summer having him in intensive one on one tutoring and have now decided that he should be retained in the 1st grade.

The school is now fighting me on this and saying it is not my right to retain him. They are also saying that a full ARD meeting must be held in order to discuss the retention and approve it.

Does anyone have any experience with this? Is this true? Do I not have the right to have my child retained?

Submitted by bgb on Wed, 07/27/2005 - 6:36 PM

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Hi Kristen.

That’s an unusual request…normally its the school pushing retention and the parent wanting promotion. I assume your son is smaller, younger, or less mature than some of his peers? If you want to do retention, you’re right that the early years are better than later.

I looked at Wrightslaw.org and could not find an answer. It would seem to me that an ARP meeting *would* be needed BUT the school could work with you and schedule it a few days before the start of the year if they wanted.

Someone will probably know the answer to your question. If you don’t get an answer in a few days consider calling your free Parent Training and Information Center. These are federally funded centers in each state designed to help parents. Some are better than others but this is such a straight forward question. I can’t beleive you couldn’t get the appropraite answer and supporting laws with a simple phone call.

To find your PTI follow this link
http://www.taalliance.org/centers/index.htm
and click on your state.

Good luck!
Barb

Submitted by kristin_w on Wed, 07/27/2005 - 6:49 PM

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Thank you very much! I will give them a call.

I know it is an unusual request however he is a “late” birthday, much smaller than his classmates and is more social with the kids one grade younger than he.

He is a very bright student however he gets very wrapped in “what others around him are doing” and gets very frustrated because he’s not at the same level. With all of the tutoring we’ve done this summer he’d be “on-level” for beginning first grade and we think it’d make a huge difference in his attitude and abilities.

I’ve actually talked to him about it and he wants to do first grade again because he wants to be with kids who skills are a closer match and who are closer to his age.

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