Reply to Are special ed kids grouped into the same class?

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[quote=Anonymous]Some data from WrightsLaw:

3. Which factors legally must be considered in determining appropriate placement for a student with a disability? Which if any factors may not be considered?

ANSWER:

The overriding rule in placement is that each student's placement must be individually- determined based on the individual student's abilities and needs, and it is the individualized program of instruction and related services reflected in each student's IEP that forms the basis for the placement decision. In determining if a placement is appropriate under IDEA, the following factors are relevant:

. the educational benefit to the student from regular education in comparison to the benefits of special education;

. the benefit to the disabled student from interacting with nondisabled students; and

. the degree of disruption of the education of other students resulting in the inability to meet the unique needs of the student with a disability.

However, school districts may not make placements based on factors such as the following:

. category of disability;

. the configuration of the delivery system,;

. the availability of educational or related services;

. availability of space; or

. administrative convenience.

8. B. Under what if any circumstances may special education and related services be used to benefit non-special needs students as well as special needs students in a regular classroom?

ANSWER:

IDEA funds may be expended only for the provision of special education and related services for students with disabilities who have been determined eligible for services under IDEA and for evaluative and diagnostic services for students who are eligible for, or suspected of being eligible for services under IDEA, but who have not yet been determined to have a disability. However, the Department has advised that special education personnel may provide services to students who have not been determined eligible, or are not suspected of being eligible, for services under IDEA if the benefit to the nondisabled students could be deemed "incidental." While determinations of what constitutes an "incidental" benefit must be made on a case-by-case basis, examples of situations where benefits conferred on nondisabled students by special education personnel have been deemed "incidental" include situations such as those where nondisabled students share study sheets prepared by the special education teacher or have their questions answered by the special education teacher, or benefit from hearing the special education teacher's responses to questions asked by the disabled student. If special education personnel provide instructional services to children who are nondisabled, and who are not suspected of having disabilities or of being eligible for services under IDEA, and the benefits conferred are more than "incidental," the time spent providing those services may not be charged to IDEA funds, and appropriate time-and-effort allocation and record- keeping would be required.

Source: http://www.wrightslaw.com/info/lre.faqs.inclusion.htm
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