How is it jumping to a conclusion to say it might work? The kids with violent behaviors and/or SIBs that would make a 1:1 an option at all would likely either have a 1:1 or be in a class with a 1:2 ratio. Only in rare situations would paraeducator support in the inclusive gen ed environment not be LRE, provided that works. |
Then it ought to easy for you to show where IDEA requires that. |
Schools provide educational supports in the gen ed environment and change placements if supports are not sufficient. |
Google response to intervention. You could even google response to intervention emotional regulation if you are interested. It is a common practice implemented at the state or local level to help school systems have things in place so they don’t over identify children who are ethnically, culturally, linguistically or racially (etc) minorities. Some states require it, others don’t. |
Sorry I posted about RTI. Many DMV districts have implemented RTI and I think it is a good thing in most instances (speech, learning disabilities etc). I have a hard time with it when kids are violent because that violence is affecting a TON of other people (students, staff etc).
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So you're saying it's not in IDEA? RTI is separate from if/when evaluations are done. The term you seem to be looking for is pre-referral interventions. And neither is addressed in IDEA. |
It is a state interpretation of IDEA. IDEA is a federal law, then the states interpret it. Like abortion. If a kid enters K scratching and biting in a state/jurisdiction that requires RTI, the kid cannot be tested for an IEP until October or November, because the teacher/team has to implement interventions. RTI does determine when evaluations are done frequently because the kid needs to fail intervention before moving to testing. In Kindergarten, this happens a lot because the kids are new to school. Only after interventions x y and z are done can the school move to testing. This is an off shoot of IDEA, but still part of the process. It should change (IMHO) for violent kids. |
Well, I agree that's idiotic. But it isn't motivated by anything in IDEA, other than school districts trying to shirk their responsibilities under IDEA by trying to keep kids off IEPs. |
Not sure I see your point at all. You will be arrested for getting an abortion in Texas, but can have one in Maryland, both are interpretations of the abortion law. Just because the motivation behind one of those you disagree with doesn’t mean they aren’t both about the federal law for abortion. |
That violent kids get months of ineffective intervention instead of swift removal from those they harm is absurd. Remove them. Test them. All children have a right to learn in a safe environment. |
No one says that it does. But the manifestation of a disability doesn't give the school carte blanche to ignore their responsibilities to provide an appropriate education in the LRE. Schools have options, and they're frequently slow to use them. |
There are federal laws and there are state laws. IDEA is a federal law. Nothing in it even hints at pre-referral interventions. If anything, I think it suggests the opposite. States have their own laws. They can't directly conflict with federal law, but they can add their own restrictions. Maryland law and regulations, since you bring them up, don't require pre-referral interventions, either. |
NP, but that’s what the child study process looks like in every district I’ve worked in. They require teachers to br8ng data to the table of the interventions annd supports they have tried. Even if a child is fast tracked to an evaluation due to the kind of alarming situation described here, it takes about two months from the referral for the evaluation to complete all the testing and meet again to come to a decision. |
I'm not surprised it happens, I'm just saying that's not in IDEA. Every parent of a child with special needs will tell you school districts regularly drag their feet. |
OP, I am sorry to hear about your daughter. Good luck. Not sure how the school measures the incidents for a kid, but agree talking to other parents could be important. |