General Ed: GENERAL EDUCATION RIGHTS VERSUS SPECIAL EDUCATION RIGHTS

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Charmaine:  I work in a school that has a behavior unit. At what point can a student be pulled out of general education classes due to violent and threatening behavior? The law says special education students should be in the least restrictive environment possible as long as they do disrupt the classes ability to learn.

Is it ok for a student to plop down in the hallway and scream all day long (sometimes left alone), while students are trying to learn in classrooms all around him?

Is it ok for a special education student to disrupt the entire Veterans day program by screaming and slapping the wall…..I feel the students and the parents that came to see their children deserved to be able to enjoy and actually here their children and speakers.

Is it alright for children to be threatened on a daily basis and sometimes kicked and hit?

I do not care for an answer with a bunch of references about IEP’s and intervention techniques.

I understand that special education children have the right to a free education and should be able to receive all the help they need. Many times they are put in situations that set them up to fail, all in the name of inclusion. Please give me an “at the end of the day” answer.

Beyond all of the interventions and accommodations, do their rights over ride the rights of general education students to have a safe and disruptive free environment. Some children thrive with inclusion and I love that. However, it is not appropriate for every child.

At what point can it be determined that they are too dangerous to be in general education classrooms. Or I guess is it even possible? I feel that school districts resist removal because of the cost of an alternative setting. Also, the law states that you cannot put a child in a room and not allow them to leave. So what are you supposed to do when a child is in a rage and runs out of the school? It makes no sense.

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5 Comments on "General Ed: GENERAL EDUCATION RIGHTS VERSUS SPECIAL EDUCATION RIGHTS"

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Special ed law trumps general ed law every single time. Special ed kids have more rights than general ed kids and if you fight it in court you will lose. It is the same with minority students. They are protected from discipline because it is “cultural” and districts are afraid their discipline numbers will look disproportional. I am so glad that my children have graduated because of all of the crap they would have to deal with from all of the other students. Good students don’t bring poor students up, poor students pull good students down. Proven fact..

I think school administrators pick their battles on which kids to move to more restrictive environments and some parents won’t allow such. From my experience, it can very very “traumatizing” to a room of kids (especially K-3) to see a kid “tear up” a classroom and the only solution is to clear out the classroom. I have seen children kicked, bitten, injured as well as staff. Some districts do not want to spend the funding to send kids to settings that may benefit them better. Some districts sadly blame the kids who are outplayed for “draining” the school budgets. There are no easy answers. All kids need an education and all kids need to feel safe.

Never was my child a general ed student first, no kids w/ medical complexities are. It might as well be 1985 again around here. Parents do not know either, they are working and struggling with medical challenges. There is nobody at Dhs that knows anything, and neither does the school social worker (for state services). School admins & directors they certainly are not telling parents about advocacy groups. I asked year after year, I called DHS every year I didn’t know the correct terminology, & I wasn’t asking correctly. It’s worse than I can even put into words. My child is medically complex, but she absolutely IS teachable. Southeast Michigan is not inclusive at all, esp if the child is medically severe.

It seems districts are one extreme or the other. I am the mom to a child who was placed in a separate school from day 1, 13 yrs ago. Knowing now what I do, no way would I have ever agreed to this setting. “Typical society” would view her (and does) as physicaly & mentally impaired, not a child w/ behaviors considered as “bad”. I hired an advocate after opening my eyes, requested FBA once I knew to, but it was denied. That was my last straw. After a lot of hoop jumping & an entire yr of school wasted, I was able to prove that the “glorified daycare” was not & never has provided Fape. When your local ISD agrees with you, & grants a deviation request without mediation or due process that says alot. Fry case will determine my steps. We are in MI also

Schools are allowed to move students with disabilities into more restrictive environments. The special ed director, & school attorney should know how this can be done legally in your state. For some reason they are not doing this, or sharing their efforts with staff. Schools are also required to teach students appropriate behavior. It appears that your district is not doing this.

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