Accommodations/modifications based on test scores?

[Ann08]

Can specific accommodations/modifications be removed due to average performance on psych/educational testing for reevaluation/eligibility. Student is still eligible  for sped services under Orthopedic Impairment (Duchenne Muscular Dystrophy). My son just started 6th grade but has had an IEP since PreK. I was told that some of his current accommodations/modifications will be taken away because of his average test scores.  This would include use of calculator, testing setting, math aids, etc.  Fatigue and energy conservation have always been areas of concern.  He also has ADHD.  I thought accommodations are based on need determined by the entire IEP team (including myself) rather test scores. 

[Carolyn Rowlett]

Accommodations can be removed if the data from a re-evaluation shows there is no longer a need.  But you are correct that it would be a team decision.  After a re-evaluation is done, there should have been a meeting with the team to go over the results of the re-evaluation with you and propose changes to the IEP based on those results.  If after discussion and full parental participation at the meeting the team decided to remove accommodations and you did not agreed with that decision, they should then send a Prior Written Notice to that effect.  If none of this occurred, you need to ask for it.  If after the proper procedures outlined above are followed and you are unhappy with the outcome, you can state your disagreement with the re-evaluation and ask for an Independent Educational Evaluation (IEE).  Once those evaluation results are in, you would then be entitled to another meeting.  Unfortunately, the team does not have to concur with or follow recommendations from an IEE, but they do have to consider them.

[JSD24]

If your child can produce average test scores without their accommodations of calculator, testing setting, math aids, etc then it might be OK to not provide the accommodations.  What data does the school have that your child is an average performer without accommodations?  Has he taken tests w/o these accommodations?  How did he do?  Are they basing this on a reeval?

If he has only been tested with these accommodations and there was no reeval, the school has no data on how he will do without access to the accommodations.  I'd assume he'd do worse given the lack of focus from the ADHD and the fatigue and need to conserve energy.  Ask to see the data that is part of his records showing his test scores are average when he doesn't have accommodations.

If the school doesn't have data, there is nothing to base removing accommodations on.  If they insist, ask for an IEE at school expense so there is data on which to base removing accommodations and request accommodations remain in place until the IEE is none.  I'm not sure if you can file a state complaint if the school is looking to remove accommodations w/o data to base this change.