Education Law Questions? Ask an Education Lawyer
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The school must provide the student with any type of tutoring or special assistance that he needs to succeed. If he requires a special education program, then the school has to provide that. You are entitled to file a written request for a due process hearing, which is where you get to present your evidence to a independent reviewer as to why he needs to be in a special program or have special tutoring and they must provide this whether the school likes it or not.
The due process hearing is what you use under the IDEA to get a child help they need when the school refuses to provide such assistance that they are required to do so under the law. You present a written demand for due process hearing to the IEP coordinator and send a copy to your state department of education. The school must then arrange for the hearing. At the hearing you need to have an expert testify as to what she needs and the school is not providing in order to succeed in the case and you would do better by getting yourself a local education attorney to represent your daughter in the due process hearing.