Tuesday, May 15, 2012

Special Planning Law: Special Education Status Can Override ...

Yesterday a parent called me in a panic because his elementary age child with PDD was being bullied. ?It wasn't the bullying that had this parent all riled up, although the bullying was a concern. ?Rather, the truly upsetting issue for this parent was a brand new school district policy on bullying that required a student found guilty of engaging in bully behavior to be transferred to a different school AS WELL AS the student who complained of the bullying. ?

You read that correctly. ?

The school district policy states that both the bullying student and the student being bullied will be transferred out of the home school. ?Not to the same school, but no one gets to stay. ?

I can think of lots of reasons this policy is bad. ?But for our special kids, it can be especially problematic. ?Our special needs kids may have trouble wiht transitions, difficulty making new friends, lack of understanding about why they are having to transfer. ?

The good news is that the school placement of a child in special education is determined by the ARD committee that develops the educational plan. ?Where the student is educated is part of the committee's responsibility to decide. ?This means that if the committee determines that a student needs to stay put in the same school, classroom, etc, considering all other relevant factors, then the committee writes that into the education plan and the school district must follow it.?

Bottom line: ?ALL decisions involving the placement or change in placement of a special education student MUST involve the ARD committee.?

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