Reply to When is a classroom unsafe? How would you handle? Kindergarten DD scratched in face and kicked in back at recess

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]I strongly believe in LRE for students with disabilities.  LRE sometimes means placement in a gen ed room, with support.  That support is often not supplied, despite the law.

LRE sometimes means a self contained class, or partial inclusion in a gen ed room, or it can mean a therapeutic school.  Students who are violent are entitled to FAPE and LRE, but that doesn't mean they are entitled to be in gen ed. This is the crux of the issue.  No child or staff member should have to attend school where they are harmed.  Students with behavioral and emotional issues are sometimes harming other students and staff.  This is not okay.  I don't care if a student is being violent because of their disability or not.  If they are being violent because of their disability, then they should absolutely still have access to LRE...but LRE for them isn't gen ed.[/quote]

If might be, if supports in the gen ed classroom would provide a safe environment. [/quote]

We are limited the supports we can bring in unless there is an IEP. Many of these kids in lower grades need one but no one has flagged them yet. [b]IDEA means we have to try some minimal supports and have them fail before we can test for a disability. [/b]The change I think is necessary is the time line from noticing behavior to testing should be different perhaps shorter if a kid shows unprovoked violence.  As a parent you can a call for testing whenever you want but a teacher can’t. Some parents of violent kids want it immediately some say their kid is fine (probably at home on a tablet they are). There should be some sort of protected plan for kids that are violent like this. There isn’t mostly because of idea. I’m not sure the answer and know I’m not seeing everything but to me an accelerated timeline for screening and testing seems like a good place to start.[/quote]

Who told you that? That's absolutely not in IDEA. It sounds like your school district is illegally withholding evaluations.[/quote]

Sure.[/quote]

Then it ought to easy for you to show where IDEA requires that.[/quote]

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.  [/quote]

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.[/quote]

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. [/quote]

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.
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