1. Your child is not eligible for special education services because he/she is making good grades & doing fine academically. The Individuals with Disabilities Education Act (IDEA) states grades are irrelevant to determining if a student needs special education services.
2. We do not offer that service at our school. Schools cannot say they do not offer a service. If the service is currently not available then the school/district needs to arrange another way for your child to have access to the service.
3. We cannot evaluate your child for special education services unless he/she goes through the Response to Intervention (RTI) process first. The Department of Education released a memo informing school districts that RTI cannot be used to delay or deny a student an evaluation for special education services. Click the link to read the memo from the Office of Special Education programs.
https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/osep11-07rtimemo.pdf
4. We are a charter school and we do not have resources to serve a student with special education needs and services. Any school/district that receives federal funding must provide special education services to students in need of those services. A charter school cannot refuse to provide the services simply because those services are not already in place.
5. We decided your child no longer needs certain services so we will no longer be providing those services. IDEA states for the removal of any service there must be a formal evaluation, data collection, and IEP meeting. A school/district cannot simply remove a service or services at their discretion.