Question by S J: Does a child have to be in a special education class to have an IEP?
I cannot find and definite answer on this question. It would seem that Least Restrictive Enviroment would mean no, but i need documentation to prove that. I have a school that is saying that my nine year old is emotionally disabled, but capable of being in regular education (which I agree with), which they say means if he’s not in a special ed (read ESE here) classroom then he does not get an IEP. That doesn’t make sense to me. I do not want my son back in special ed because following their advice last year I enrolled him, and he did great, until back in a regular education enviroment we found out he was woefully behind. Pretty much, in helping to correct some behavior issues they have completely put him behind academically and now he is in danger of failing third grade and they will not do anything to help.
I really need a website as a source if at all possible, everything i can find is talking in circles.

Best answer:

Answer by Teresa
No he doesn’t have to placed in a sped ed room to be covered under the IEP process. His IEP will spell out (and provide you with the legal muscle) to define exactly what he needs, goals staff and parents need to meet, and who works with him and how many minutes he gets from that person.

Now, insist on testing and start the 504 plan process. Do your requests in writing, as the school only has 30 days to comply. Also, find the local PACER chapter and get advice from a legal educational advocate for EBD kids. This person will help you with your rights and what is a reasonable expectation from you.

Good luck. Email me further if you wish.

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