No Special Class for My Child
A parent of an ADHD child worries about the school’s choice to move her daughter to a smaller more restricted class. A legal expert answers.
Not right away and maybe never. A basic principle of the Individuals with Disabilities Education Act (IDEA) is that students with disabilities be educated in the least restrictive environment. Any time a student is placed in a setting other than a regular class in a regular school, the IEP team needs to consider less restrictive options and decide whether they will meet the student’s needs. So if your child’s IEP team has considered a regular class and has explained why that isn’t working for your child, they can recommend the more restrictive, self-contained class as her placement. Of course, the law requires that parents be included in the IEP team, so you can explain why you don’t think it is a good idea.
If they decide to go ahead, you have the right to appeal this decision to a State Hearing Officer. The school is required to keep your child in her current setting while this matter is being heard and decided.
Updated on May 28, 2021