Inclusion: DOES STATE OR FEDERAL LAW TAKE PRECEDENCE ON INCLUSION ISSUES?

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Barbara:  1- what is meant by state laws, that if the whole state, or that of educational districts?
2-if the school fails to provide a certified inclusion therapist to accompany the child in the regular classroom, which law regulated this, and if two who has the precedence?  If the school and regional district claimed insufficient resources to hire a credentialed therapist to support the child in the classroom (they offered a therapist with no credentials) , how can the parents defend?
3- if a difference of opinion between parents and the other IEP team, with regards to the inclusive hours allowed to the student, which law regulates this case, federal or state law or school district?
4- different opinion with regards the credentials of the support therapist to the child in the classroom , which law supersedes here? Thank you very much .

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Sharon L.

I am unable to respond to the laws however I can state that if a credentialed therapist is listed on the IEP the school must comply or be out of compliance. IF they tell you they cannot provide a service listed in the IEP they must provide you with a prior written notice letter stating that and why. You do not have to sign or agree with any changes. The Prior Written Notice can be used if you want to take legal action.