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Tested out

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I would have asked to see a copy of the evaluation report with the testing they did where he tested out.  IMO, you need to email the school a copy of the report so they are prepared to consider that their offer of FAPE being no IEP might not be an offer of FAPE.  (I think you might need a lawyer.  The school will likely stick by their eval and give minimal consideration to the IEE report.)  They might say that they saw these issues but it doesn't effect him at school.

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  • 3 weeks later...

Did they have evaluations that documented their position that he's met goals/isn't disabled any more?  There should be a trail of him meeting goals and testing out of special ed.  You can ask to see their info on this.

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  • Administrators

Now is the time for you to read and use your Procedural Safeguards.


You're going to have to prepare arguments that what they are offering is NOT FAPE for him, and why an IEP is.

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