It seems your challenge will be to show how your son's disability affects him at school. Don't let his grades be a factor. Need drives services. Along with your new evaluation you will need to show specific areas where modifications or accommodations are necessary for your son to function in school. Are his executive function problems causing him to forget to turn in work? is he losing papers? can he take notes?

Think of skills your son will need for middle school that he doesn't now have. These can be the things you focus his IEP goals towards.

Do not let the school say "well he is passing and getting B's and C's." I'll repeat Need drives services so you show them what your son needs.

It strikes me as very foolish for a school to deny an IEP to a child who obviously needs and can benefit from it, when it is funded but the 504 isn't. Maybe a reminder to them of that?

Also, you are well within your rights (your child's rights) to take him for private services and require the school to cover them, if the school isn't meeting his needs. If they're smart, they will follow through with you instead of making it come to that.

@A MyAutismTeam Member...wow, I'm so sorry this is such a challenge. I'll let you know if I come across anything that might help.

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A MyAutis...

thanks @A MyAutismTeam Member and all,
I'm trying to document everything he needs so I can have it mapped out before I even get in there. Yes, his disability is definately effecting his ability to perform and function in school (and this is what they dispute). Much appreciation everyone for the suggestions and support.

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A MyAutis...

yes,thanks for commenting @A MyAutismTeam Member and @A MyAutismTeam Member, he has a 504 but you don't receive services (OT, SP, or anything) on the 504, only on the IEP, also they don't have to do any assessments on the 504, he was due for the re-evaluation in 4th grade, right before they pulled him off his IEP - Now I know better! He does have several accomodations like a hearing aid system; extended time, but there's a limit to what is covered under the 504. We paid for the private evaluation at Kennedy and were able to determine a backslide in progress. The school doesn't have to accept it. Still digging into the legal stuff...learning. Fingers crossed!

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A MyAutis...

A MyAutis...