The Board of Directors of our public schools is being urged to adopt a plan that would segregate all elementary school children with physical disabilities into one of the district’s five elementary schools. Is this illegal?
The board member proposing this said “It’s not about education. It’s about buildings.” He promotes neighborhood schools close to home for non-disabled children, while forcing all children with disabilities into one school.
That’s crazy and, yes, it is illegal.
The law requires schools to educate children with disabilities, including physical disabilities, in regular education classes with children who are not disabled “to the maximum extent possible.” A child may not be removed from regular education classes unless the nature or severity of the disability does not allow her to be educated in regular classes, even with supplementary aids and services. 20 U.S.C. § 1412(a)(5); 34 C.F.R § 300.314 – 300.317.
A child’s placement must be:
• Based on the child’s unique needs as documented in the IEP
• Determined at least once a year
• As close to the child’s home as possible so the child can be educated in the school he would attend if he was not disabled
A child’s placement may not be based on:
• Your child’s disability category or label or severity of the disability (i.e., children with autism are placed in a class with other children with autism)
• The school’s service delivery model (i.e., all children with learning disabilities receive “pull” or resource services)
• The availability of special education and related services, staff location, or school district convenience. Commentary in 71 Federal Register at 46588.
The School Board member proposing this needs to learn what the law says about educating children in the least restrictive environment. This has been the law since 1975.
You need to get a little group of concerned people together. It doesn’t take many people to create change.
Please read One Person is a Fruitcake – I think you will see what we mean: