M.R.
Write, don't call. A phone call is worth the paper it is written on, and if you cannot hold it in your hand, it never happend. What ever they told you, if you cannot hold a copy of it in your hand, it never happened either. From here on, any time someone at the school speaks to you about a special education matter, send them a confirmation email that summerizes what they said, what you said, and any agreements or actions you are depending on and at the end write: "if you do not respond in writing within ten school days and correct any inaccuracy of my recolection of our conversation, I shall assume that I have accurately understood our discussion."
For this issue, write a letter. Send it to the Special education director, say that you wish to call an emergency IEP meeting withint ten school days of the receipt of the letter to reinstate your son's IEP because he has a disablity that is recogonized by IDEA and he has Educational need because of his F's and D's, regaurdless of any score on any test, he still requires special education services, interventions, and supports and accomodations to make academic progress. Tell them that you beleive he is entitled to compsenatory services because thier decision to dismiss him from special education was a mistake, and he is being denined FAPE as a result. Say that you recend your signature on the last IEP (dated, blank) that granted consent for his removal from an IEP (if, in fact, you did sign such a document) If you did not sign such a document, note that you never agreed to remove him from the IEP in writing, and you will hold them to be deliberately indiferent to the needs of your son if they do not respond approriately such that he may recieve FAPE. Send this letter return receipt requested, registered mail, and send it tomorrow to the Special Education Director. You never had to sign an IEP if you do not agree with it, your signature indicates that you agree with everything they wrote.
Do some research on www.wrightslaw.com about advocacy. If you feel like you cannot navigate this on your own, find the wrightslaw yellow pages for your state, and hire an advocate to help you. This is a very simple issue that should be easy to handle, they made a mistake, you ahve the eveidence you need, and they need to compensate him for thier error.
M.
IDEA is fully set up to handle health issues, such as ADHD, asthma, and a heart condition. He has educational need for an IEP, there is no need for a 504 plan too; children do not have both. OHI, or other health imparment is the appropriate category for all three issues, however, the ADHD creates the educational need for an IEP (the need is the failing grades) so he does not need to be identified for the asthma or the heart condition sepearately. He should have home bound instruction if he misses more than 10 days consecutively (state codes will dictate this) and he should have accomodations for his absecnces that do not require home bound intruction. Ask for a plan for these expecte health related abscences.
Please check out wrightslaw and consult an advocate who can look at your son's educational records and help you in the shortest time. You are getting small snippets of information on this site that are not going to be helpful to you, and could end up causing you more harm than good. All of the advice you get should be based on your son's evaluation data, because ultamately, that is the driving force behind your success with this issue. Evaluation data does identify the diagnosis, but, all IEP's are to be written based on the needs that are identifed in the data too, so you need skilled advice, based on the numbers, that the school district cannot ignore. You also need someone who is skilled at IEP negotiations to keep the school from running roughschod over you, as they have already done. A skilled advocate will know how to document your situation, what questions to ask, and how to keep the communication going while they get your son everything they can. They will also be able to preserve your rights, should the worst happen, and you need to go to due process. Actually, if the school knows that you have the evidence you need to win in due process, they are more likely to give you what you are asking for in many cases. If you do not know how to do this, with many difficult school districts, you could shoot yourself in the foot. Some of the advice you have gotten here, will do just that for you, and I do not say that to be rude, it is just that a little bit of information can do a whole lot of damage very quickly, especailly if it is wrong. www.wrightslaw.com. Let this be your bible. Call an advocate if you need help. It should be simple, but it is anything but. From learning to use PRN to knowing when you have negotiated the best services you are entitled to, it is a very specific and requires skill and knowlege. www.wrightslaw.com. MR