5. Learning Disability Over-identification

Once a child becomes a learning disabled child, an IEP team, or “eligibility group,” should continue to monitor the child’s progress. The IEP provides a special teaching plan that can be viewed as a trial intervention. Suppose there is rapid improvement. The team does not have to wait a whole year to reconvene (Dismissal). A follow up meeting can be held at any time it is requested (IDEA 2004 regulations, Education Legacy):

“A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with 34 CFR 300.304 through 300.311:

If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or

If the child’s parent or teacher requests a reevaluation.”

In a sense, the group can correct a placement error based on additional data. Misidentification does not have to be carved in stone.

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