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My son is in third grade and is receiving speech and OT

My son is in...

My son is in third grade and is receiving speech and OT through his IEP. He qualified under speech (communication)

Lawyer's Assistant: Because education law varies from place to place, can you tell me what state this is in?

He has some accomodations in his IEP. We live in California. He is due for his triennial in three weeks. He has made progress but we are worried the school will try to terminate his IEP. He does not have any learning disabilities but I suspect he may have dysgraphia. Would this qualify him as learning disabled? Can he get a 504 if he doesn't qualify for an IEP if he still needs accomodations. He has trouble with writing and it takes him a long time to complete written work. His hands cramp. He has trouble with drawing as well. He has gotten Vision Therapy which has helped him as well. Any suggestions as to how we can keep the IEP going?

Lawyer's Assistant: Have you spoken to a local attorney or school administrator? What is your ideal outcome for this situation?

We have an advocate who we take to our meetings and is advising us. I am also a credentialed school nurse and have some understanding of the law but wanted to make sure we are covering all bases. WE want him to be able to maintain his accomodations so he continues to do well in school. He is a bright boy who works hard and does well but just needs more time to complete work.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do you think we should have psych educational testing done to see if there is an underlying problem? The team says they don't see anything glaring.

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Answered in 2 hours by:
10/13/2017
Legal Eagle
Legal Eagle, Education lawyer
Category: Education Law
Satisfied Customers: 13,322
Experience: Extensive education law experience
Verified

Thank you very much for your patience. I specialize in special education law in CA. Generally, if a student is exhibiting signs of a disability that may impact his learning, the local education agency is required to perform an evaluation on the child, with your consent, and provide you with the results at an IEP team meeting with 60 days of your consent. A student may also be eligible under Section 504 of the Rehabilitation Act of 1973 if he has any major life functions that are impaired by a condition they have. Accordingly, if you have reason to believe that your child has dysgraphia, then you may request an assessment from your school in those areas. If the school refuses to consent, then it must provide prior written notice as to the reasons why it is refusing to assess the child. If your child is taken out of the IEP process, you may be able to file for due process to explain that your child still needs services regardless of their opinion. Usually, you can get a list of free or low cost attorneys from the office of administrative hearings in California. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Legal Eagle
Legal Eagle, Education lawyer
Category: Education Law
Satisfied Customers: 13,322
Experience: Extensive education law experience
Verified
Legal Eagle and 87 other Education Law Specialists are ready to help you
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Customer reply replied 9 months ago
Thank you for your response. I appreciate your help. Excellent and prompt response.

The pleasure is all mine! Further up on the screen you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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