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Subsequently, the parents were told that the child could not be enrolled in kindergarten because he was 6 years old and had to enroll in first grade, regardless of his "special circumstances".I'm wondering is there a way the school can change the determination of the IEP without the parents, without breaking the law?My son was diagnosed with PDD-NOS (Pervasive Developmental Disorder — Not Otherwise Specified) when he was 5.
The decision as to which should be used should be made on an individualized basis.
Further, often, children with PDD-NOS and/or ADHD do need an IEP, even if much of the intervention is based on accommodations.
I know that IDEA requires that students be below grade level to some degree, but I thought that section 504 applied even if a student was succeeding in school.
I also thought that impairment in hearing and concentrating (ADHD) counted as disabilities under section 504.
And is there any precedent in past cases of a 6 year old being placed in kindergarten rather than 1st grade?