My child has had an IEP since the 1st grade. He has always been
identified on the IEP as a child with a learning disability.  He also
received an “at risk score” on an evaluation for Attention Deficit/
Hyper-activity Disorder (ADHD).

Last year the school district wanted to remove him from special
education services completely. They stated that he did not have a
learning disability and they did not have a medical diagnosis for ADHD
however, this has never been mentioned in the four years that he has
had an IEP and receiving special education services.

I got a statement from my child’s doctor with the diagnosis, and gave
it to the IEP team at the IEP meeting beginning this year. The school
district then wanted to change his primary area of exceptionality to
Other Health Impaired (OHI).  The school district said that ADHD is
not a learning disability and that it is not listed under the
Individuals with Disabilities Education Act (IDEA) 2004 as a
disability.  The school district said that eventually they will
provide special education services through a 504 plan.

Does this mean he will no longer have an IEP? I signed for this change
in the meeting, but after some research I do not agree. My son scored
below average on listening comprehension, oral expression, processing
speed, spelling, math fluency (on recent evaluations), and he displays
symptoms of dysgraphia.

Should I write a letter revoking my consent on this issue?

WVA RESPONSE:
Having an “at risk score” for ADHD is not enough to provide an actual
medical diagnosis of ADHD.  You did not state the actual diagnosis
that the doctor provided to your child.

It is odd that the school district has been providing special
education services to your child for four years without your child
meeting the three-prong test of eligibility described in WV Policy
2419 (which are the regulations under which WV implements IDEA 2004).
An Eligibility Committee (EC) should be determining a student’s
continued eligibility for special education services annually.

An IEP team cannot just stop a student’s special education services.
The school district must provide evaluations to show that the student
is not eligible and no longer requires special education services.

The requirements of the three-prong test of eligibility are:
1.      Meets state eligibility requirements for specific exceptionalities
(There are 13 listed in WV Policy 2419 Chapter 4-Section 3. and in
IDEA 2004).
2.      Experiences adverse effect on educational performance.
3.      Needs special education in the form of specially designed
instruction. Specially designed instruction means the content,
methodology, or delivery of instruction is adapted as appropriate, to
address the unique needs of the student that result from the student’s
disability to ensure access of the student to the general education
curriculum that applies to all students.

Some students having a diagnosis of ADHD receive special education
services through an IEP if they meet all three prongs of eligibility,
with the third requirement being the main determining factor for an
IEP. Students receiving special education services through an IEP are
identified under Other Health Impaired (OHI) because ADHD is not one
of the specifically listed disabilities in WV Policy 2419 and IDEA.
ADHD is specifically mentioned as a health problem in section defining
the OHI category.

ADHD is not a Specific Learning Disability as defined in IDEA 2004 and
WV Policy 2419. An Eligibility Committee (EC) uses a student’s
response to a scientific, researched-based intervention process or the
severe discrepancy formula but can draw upon information from a
variety of assessment tools and strategies and not rely on any single
procedure for determining eligibility under this category. (See WV
Policy 2419 Chapter 4-Section 3. K  for an explanation of the severe
discrepancy formula)

Other students having a diagnosis of ADHD receive special education
services through a 504 plan.  These students do not require specially
designed instruction in order to receive FAPE but instead require
accommodations and modifications.

Accommodations are changes in how a student accesses information and
demonstrates learning.  Accommodations do not substantially change the
instructional level, content, or performance criteria..

Modifications are changes in what a student is expected to learn.  The
changes are made to provide a student with opportunities to
participate meaningfully and productively along with other students in
classroom and school learning experiences.  Modifications might
include changes in instructional level, content and performance
criteria.

A 504 plan must provide FAPE to the student and must be implemented by
the school district. However the student does not have all of the same
protections and procedural safeguards under a 504 plan as a student
with an IEP.  A student will have a 504 plan or an IEP but not both.

It sounds as if the school district is providing an IEP for your son
this school year.  If the IEP team is suggesting that your son is no
longer eligible to receive special education services in the form of
an IEP, they must perform evaluations to show he no longer requires
special education services.
You can write a letter to the IEP team members and discuss that the
educational staff of the IEP  members said in the last IEP meeting
(include the date of the meeting)  that they feel your son will no
longer be eligible for special education services after this year.
State that you disagree with this statement and request that a full
multidisciplinary evaluation be administered.  The school district
will have to provide the evaluations after your letter requesting the
evaluations and once they have obtained signed consent from you within
80 days.
Then an Eligibility Committee (EC) must meet to review the evaluations
and determine if your son is in fact eligible to receive special
education services and if so, in what manner, through an IEP or a 504
plan.   If you disagree with the evaluations administered by the
school district, you can request an Independent Evaluation (IE) at
public expense.  (For information regarding IE see your procedural
safeguards booklet).
If you revoke consent, that means that you are completely removing
your son from receiving special education services.