[
and a point that is very key to our situation:
"
Moreover, it has been the Department's long-standing position that, in general, it would be appropriate for the evaluation team to consider information about outside or extra learning support provided to the child to determine whether the child's current academic achievement reflects the service augmentation, and not what the child's achievement would be without such help. " [/quote]
Oh, Yeah! That's the other thing we were told. That the school should consider the fact that our son was being privately tutored in determining whether he should get an IEP based on whether or not he was at grade level.
I made the argument and even showed them the passage from the law, but the principal just said, "that's not how we do it here."
I realize they weren't in compliance with the law, but we wanted to spend our money on tutoring rather than attorneys. But if tutoring hadn't worked and we needed to transfer to a private school, we would have pursued that option at that point.
