Inclusion: SCHOOLS SAYS STUDENTS MUST LEAVE THEIR CLASSROOM TO RECEIVE ACCOMMODATIONS

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Joe:  If a student is given an accommodation in his or her IEP that requires a pull-out, like tests read aloud, quiet setting or extra time to finish, may they refuse and stay in the classroom? May they also then refuse to have a test read allowed to them in the classroom?

I was under the impression that they did have the right to refuse services, but I am being told that this is considered a violation of the IEP. I’m told that Kansas law states that students must be forced to leave their classroom to receive their accommodations. Is this correct?

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Sophie

I’m not sure I’m understanding the situation. Maybe you’re talking about a secondary student who wants to have more control over how his/her testing accommodations are provided. If so, what is sometimes helpful is to request an IEP meeting which the child attends (for either the whole meeting or part of the meeting), and explains his/her proposal. In principle, an IEP can state that testing accommodations should be “offered,” allowing the child to say “no thank you” on a case by case basis. (Example: my son likes to stay in the classroom if he knows he won’t need the extra time, and if the classroom is nice and quiet. He is 15 and benefits greatly from having some measure of control. It’s very helpful for him.)

Chuck

This is a question for the special ed department of your state education agency. Your state parent training & information project may be able to help you.