When the School Says Your Child's Grades are "Too Good" for an IEP or 504 Plan: What You Need to Know

BY MARIA GIANCOTTI, M.ED. - STUDENT ADVOCACY MICHIGAN

As a parent of a child with special needs, you might face the frustrating situation where the school refuses to provide your child with an IEP or 504 Plan, claiming their grades are “too good” for such services. It’s essential to understand that grades alone are not the determining factor for eligibility, and the law provides clear protection for your child to receive the support they need.

GRADES DON’T DETERMINE ELIGIBILITY

Both IDEA (Individuals with Disabilities Education Act) and Section 504 of the Rehabilitation Act of 1973 ensure that students with disabilities receive a Free Appropriate Public Education (FAPE), but grades aren’t the sole determining factor. According to IDEA, a child qualifies for special education if they have a disability that requires specialized instruction. Disabilities may not always show up as poor grades. They can affect social-emotional skills, behavior, or executive functioning. Section 504 provides accommodations for students with disabilities, ensuring they can access their education on an equal basis with others. Again, grades are not the standard; the key question is whether your child can fully participate in school due to a disability. A child might have good grades but still need support in other areas like attention, focus, or emotional regulation, which could hinder their academic and social success.

GRADES DON’T TELL THE WHOLE STORY

Even if your child has good grades, they may still struggle in other areas, such as:

• Executive Functioning: Issues with planning, organizing, or completing tasks. A student with strong grades may still fall behind in managing assignments, which can negatively affect long-term academic outcomes.

• Social-Emotional Challenges: Difficulty with peer interactions, anxiety, or depression. These issues often go unnoticed but can make school a daily challenge for your child.

• Medical Conditions: ADHD, chronic health conditions, or learning disabilities can impact a child’s educational experience without affecting grades directly. For example, a child with ADHD may perform well in structured environments but struggle in unstructured settings or during transitions.

If the school says your child’s grades are too high for an IEP or 504 Plan, here are the steps to take:

• Document Your Child’s Struggles: Keep a record of how your child struggles in areas not reflected in their grades—such as emotional distress, difficulties with focus, or social isolation. Include any outside evaluations, therapy reports, or observations that support your case. Be specific about how these challenges impact their daily life and education.

• Know the Law: Refer to the Code of Federal Regulations (34 CFR 300.304)

under IDEA, which specifies that evaluations must cover all areas of suspected disability, not just academics. Section 504 also guarantees accommodations regardless of grades if the child has a disability that limits major life activities.

• Request a Meeting: Request a meeting with the school to discuss your child’s needs. Present the documentation of their struggles, including reports from outside professionals, and ask the school to consider these factors in determining eligibility for services. Be clear that the law protects your child’s right to an appropriate education, not just one based on academic success.

• File a Formal Complaint: If the school refuses to evaluate or provide services, you can file a complaint with the Office for Civil Rights (OCR), file a state complaint, or request a due process hearing under IDEA. These legal avenues can help ensure that your child receives the necessary support.

While it may feel overwhelming when a school insists your child doesn’t need services because of their grades, know that you have legal rights. Grades are not the only measure of a child’s need for support. By understanding the law, gathering data, and advocating persistently, you can ensure your child gets the help they need to succeed in school. Remember, the law does not allow schools to deny services based on grades alone; your child’s challenges, no matter how subtle, deserve to be addressed with the appropriate support.

If you need help navigating this or other IEP or 504 issues, contact us at 248372-9770 or visit our website at www. studentadvocacymi.com.