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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Something needs to change. It’s just simply unacceptable that one child’s behavior can have such negative consequences on all of the others around them. I realize some parents are fighting for services, but as a society we need to come up with a better, quicker way. The pendulum has swung way too far on the side of favoring the disruptive child’s rights over everyone else’s (just like many things in our society, such as “emotional support animals”[/quote]

The options are to overturn existing legislation that guarantees equal access to a free and appropriate public education or to actually fund a free and appropriate public education for all students.  We are in the middle ground where FAPE is law but schools don't have the funds to provide FAPE so only the squeakiest wheels get it.  And meanwhile, the head of the Dept of Education doesn't even know what FAPE is...

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I disagree that we have to choose between upholding FAPE or overturning it.  Students, with or without diagnosed disabilities who routinely disrupt the learning or safety of others are not in an appropriate placement.  Students who routinely harm or threaten to harm others are not being well served in a placement where they can do that.  It could be the placement is fine, but the student needs more support in that placement in the form of an aide.  It could be the student needs a morning social story read to them, someone to come to the room twice a day to give the child a sensory break.  It could be they need a cross cat room or an alternative school placement.  But when any student harms others repeatedly or disrupts severely to the point evacuation is needed, the placement is not working.  No student has the right to violate the FAPE of another.  Period.

Legally, schools can request an emergency evaluation and outplacement.  They can also place a child in a more restrictive environment while  evaluations are occurring if safety to others is an issue.  There are a number of other things schools can do under the law.  Schools absolutely need to better by kids with extreme needs.  But leaving them alone in the classroom and just telling the teacher to "tighten up" her procedures?  Not okay.[/quote]

You are confirming my point.  FAPE doesn't mean every child belongs in a Gen Ed environment -- far from it.  The Appropriate part of FAPE means that some students are best served in more restrictive environments however that typically costs more money and some schools fight very hard to avoid spending that money.  MoCo has a well paid lawyer who does nothing but fight against private placements because once a student's IEP increases services, the only way to decrease services is graduation, aging out, or the parent's consent.
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