My other kid had an IEP written and he definitely wasn't failing. His lowest score on the WJ-Ach. was in the 80th percentile. The difference was that they had to get a POHI teacher involved in his evaluation (it's a state requirement) and the teacher they found was contracted and she was one of the contributers to the State manual for evaluating other health disabilities. She probably told the district they needed to qualify him. I initially was given the same runaround with him, they refused to even evaluate him, told me he would never qualify for anything, etc. I talked to a free legal group for people with disabilities and the woman told me my district is terrible.