The school cannot simply remove your child from special education. They must conduct a reevaluation, hold an IEP meeting, and provide you with Prior Written Notice. You have the right to disagree and invoke stay-put protections.
What the Law Requires
Before a school can determine that your child is no longer eligible for special education, they must conduct a full reevaluation. This isn’t just a teacher saying your child is “doing fine now.” It requires formal assessment, data review, and an IEP team meeting where you participate in the eligibility decision.
34 C.F.R. § 300.305(e)(1) — Before determining that a child is no longer a child with a disability, a public agency must evaluate the child in accordance with the reevaluation procedures. A reevaluation is required before terminating a child’s eligibility.
The One Exception: Graduation or Aging Out
There is one situation where the school does not need to do a full reevaluation: when your child graduates with a regular diploma or ages out of eligibility (typically at age 21 or 22, depending on your state). However, even in these cases, the school must provide a Summary of Performance documenting your child’s academic achievement and functional performance.
34 C.F.R. § 300.305(e)(2) — The evaluation requirements do not apply when eligibility terminates due to graduation with a regular diploma or exceeding age eligibility. However, the agency must provide a summary of academic achievement and functional performance.
Warning Signs the School May Try to Exit Your Child
Watch for these patterns: the school suggests your child “doesn’t really need services anymore” without data to support it; goals are written to be easily met so the team can claim progress; services are gradually reduced to nothing before proposing an exit; or the school says your child is “too high-functioning” for special education.
“Your child is doing so well, they don’t need an IEP anymore.” If your child is doing well BECAUSE of the IEP supports, removing those supports will cause them to regress. Good progress is evidence the IEP is working — not evidence it should be taken away.
What to Do If the School Proposes Exiting Your Child
Step 1: Request all evaluation data in writing. Ask what assessments were conducted, what data supports the decision, and who made the recommendation.
Step 2: Attend the IEP meeting and state your disagreement on the record. Ask for it to be documented in the meeting notes.
Step 3: Request an Independent Educational Evaluation (IEE) if you believe the school’s reevaluation was inadequate.
Step 4: If the school proceeds over your objection, invoke stay-put. Your child remains in their current placement and continues receiving services while the dispute is resolved.