Q & A: What are My Rights in Keeping my Son on His IEP for his Senior Year of High School?

This question was originally posted on www.avvo.com.  

Question: 

He has dyslexia and spelling dyspraxia. He has been on an IEP since 7th grade. He has been extremely successful in high school and his only special ed classes this year are for lang. arts and a study period. He would like to attend college and we have done extensive research on colleges that will offer support services (which he would have to apply for). This year he is due to have his full battery of tests, but on the annual WIATT, he scored well and now they feel he doesn't need his IEP. Our concern is that without the support he receives his senior year he could be dramatically affected along with the assistance of his IEP documentation for college services, when applying for college. 

 
My Answer:

In order to remain on an IEP you must prove that your child needs special education and related services.  Read more about gathering evidence in the special education context here.  Keep in mind that the law requires your child be given a Free and Appropriate Education (FAPE) not the best education.  

If the school decides to remove your child from special education, they must hold an IEP meeting because this is a change in placement.  In this meeting voice your opposition to this decision.  Now you must decide how you want to resolve this dispute.  Both parties can voluntarily agree to participate in mediation or you can request a due process hearing.  Either way, the school must continue to provide your child with the programs and services outlined in his current IEP until this dispute is resolved.  This right is sometimes called "stay-put."