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Can IEP revoked?



My 8 y.o. dtr has autism, severe anxiety (especially exasperated by school), and is being monitored for possible inattentive adhd due to concentration and attention deficits. She is a master masker and internalizes a lot at school to keep herself together. Early intervention since she was 2 helped her grow so much, but it makes for a bigger struggle at school because she overcame many challenges or at least has learned how to manage some, though it's still a struggle. She just had her 3 year reevaluation and the school wants to revoke her IEP and provide a 504 plan. I feel like it's because they are tired of hearing from me asking for help. Her therapist and I were both lead to believe that the autism diagnosis alone should permit her to obtain an IEP with recent changes to the IDEA act. Do certain diagnoses guarantee an IEP when requested, or can they actually revoke the current IEP? Any input would be greatly appreciated. Thank you in advance!

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It is my understanding (and this is not legal advice) that a diagnosis alone is not enough for an IEP.  It must be determined that the child has a covered disability (autism, anxiety, and ADHD are covered disabilities), BUT it also must be shown that the disability is severe enough to require special education services.  So if your child's disabilities are impacting her access to the general education curriculum, then the IEP should stay in place.  If the school's 3 year re-evaluation does not show this and you believe this is incorrect, ask for an Independent Educational Evaluation (IEE) at no cost to you.  (Because the school district could terminate the IEP if their data shows special education services are unwarranted.  They must hold a meeting to explain their testing results to you.)  Your child's therapist could also write a report (or come to an IEP meeting) stating that her disabilities require special education services to access her educational environment.  You could also speak with her teachers to see if there are any examples of her disabilities affecting her in the classroom setting, unless the school has already done so.

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