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Can they fail a child if they aren't following the IEP?

Submitted by an LD OnLine user on

I’m sure you all know me by now, I’m the one with the 7th grader reading on the 4th grade level. In his IEP, it states that all test are to be multiple choice and to be read to him, also that homework is to be reduced by 1/4 or 1/2. This year in Science, the teacher didn’t give him just multiple choice for his tests, but the LD teacher who read it to him did mark N/A on the parts that weren’t. But neither her or the history teacher have ever modified his homework assignments. He decided this year to be independent and tried doing all his homework himself. The results were not good, he ended up with an F in both classes the first nine weeks. My question is, if they aren’t following the IEP, can they legally fail him? He is a big sports nut, and very good at sports, if we don’t do something to get these grades up, he won’t be able to play sports, and if he can’t play sports, I’m afraid he’ll give up trying to do anything.

Submitted by Anonymous on Fri, 11/30/2001 - 5:13 PM

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Okay, here is what I hear you saying.

Your IEP states that all tests must be read to him and in multiple choice format.
It would appear only the sped teacher is doing this.
Neither the Science,or History teacher is doing this

The IEP states the homework must be reduce 1/4-1/2.
Is the LD teacher modifying this?
But History and Science teacher isn’t.

He decided to do homework on his own,does the teacher’s know this?

He loves sports.

IDEA references extracurriculur activities
(ii) To be involved and progress in the general curriculum in accordance with paragraph (a)(1) of this section and to participate in extracurricular and other nonacademic activities; and

§300.347 Content of IEP. (a)(1) states

(a) General. The IEP for each child with a disability must include—

(1) A statement of the child’s present levels of educational performance, including -

this goes on to say,

(i) How the child’s disability affects the child’s involvement and progress in the general curriculum (i.e., the same curriculum as for nondisabled children); or

(ii) For preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities;

(2) A statement of measurable annual goals, including benchmarks or short-term objectives, related to -
(i) Meeting the child’s needs that result from the child’s disability to enable the child to be involved in and progress in the general curriculum (i.e., the same curriculum as for nondisabled children), or for preschool children, as appropriate, to participate in appropriate activities; and

(ii) Meeting each of the child’s other educational needs that result from the child’s disability;

(3) A statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided for the child—

sooo,seems like to me your question,when you look at it from a different angle,is totally different then can they give him f’s on his report card.

1. You need to have an IEP meeting,because you need to establish on record at a formal IEP meeting,that the History teacher and Science teacher do KNOW there is an IEP and what modifications they need to be making .

2. You need to have an IEP meeting,because they need to meet this section of “IEP content” of IDEA. ( what I pasted above)

3. You need to have an IEP meeting,to place sports formally on his IEP,within a goal,such as self esteem goal.

4.You need to have an IEP meeting to discuss the all F’s report card. Establish whether or not he has progressed,has he learned anything? If not,the IEP needs to be revisited and revised to meet his needs.

So I say,you need to have an IEP meeting.

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