2 Croton Point Avenue
Croton-on-Hudson, NY 10520
Tel: (914) 862-0844
Fax: (914) 862-0879
No. Passing grades will not by itself be a bar to this child receiving special education. This is very clearly stated in the federal regulations. “FAPE [free appropriate public education] is available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade”1 Many issues associated with ADD/ADHD are not, strictly speaking, academic. Organizational skills and self-regulation are only two of these issues that must also be explored in determining whether a child is eligible for special education and related services and may in fact make them eligible. ADD/ADHD may also have an emotional or behavioral component, or impaired or inappropriate social relations, which must be explored in determining eligibility.
134 C.F.R. § 101(c)
My child has passing grades, I was told that makes him ineligible for an IEP?
What are my options?
Law Offices of Michael D. Kaufman, PLLC