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Ely
Ely, Attorney
Category: Education Law
Satisfied Customers: 101759
Experience:  Attorney in general practice,
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My son is attending grade 7 in Cobb County, Georgia. I

Customer Question

My son is attending grade 7 in Cobb County, Georgia. I wanted my son placed in 6 grade. The IEP team told me that they are not allowed to consider grade placement, only related aids and services at IEP meeting. Is this true because I thought placement within the context of the IEP including grade placement? In other words, can the IEP team placed my student in grade 6 if I wanted them to do so?
Submitted: 1 year ago.
Category: Education Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
There is no fundamental right to decide placement by the parent alone. The parent is part of the IEP Team. The IEP Team together decides on positive behavioral interventions and support of the child in school. If the behavior of a child impedes the child’s learning or the learning of other children, the IEP Team must consider the use of positive behavioral supports, supports, and other strategies to address that behavior. 20 U.S.C. § 1414(d)(3)(B)(i) and 34 C.F.R. § 300.324(a)(2)(i))
Now, the IEP Team can debate within itself. The parent can press their points and the school can counter, etc. In the end, they need to agree. If they do not agree, and if the parent feels the IEP Team is being unfair and is pushing the parent out, they can complaint on a federal or state level - see here:
https://www.gadoe.org/Curriculum-Instruction-and-Assessment/Special-Education-Services/Pages/Formal-Complaints.aspx
http://idea.ed.gov/explore/view/p/,root,dynamic,TopicalBrief,22,
Each jurisdiction has a formalized procedure in place, and once a complaint is filed, it may trigger an administrative review at a local or state level. Then, a decision is made. That decision may ultimately be appealed to the US District Court if the parent is unhappy with it.
So to answer your question straightforwardly - no, there is no such "right." But the parent may press for it via formal and informal pressure and hopefully, the school will yield.
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Customer: replied 1 year ago.
My question is a little different. I am aware that the IEP team including the parents makes the placement recommendation regarding child. My question is/can the IEP team recommend that student be placed/retained to a certain grade. I think the IEP team members feel that my son should be in the 6 grade but believe grade level decision are not within the jurisdiction of the IEP team.
Expert:  Ely replied 1 year ago.
Thank you for your clarification.
My question is/can the IEP team recommend that student be placed/retained to a certain grade.
Yes. The IEP team CAN make such a recommendation. Then the school decides what to do in the end.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.