Re-Evaluations: NO LONGER QUALIFIES, BUT STILL IN SELF-CONTAINED CLASS

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Denise: One of my Self contained PPCD students has been recently re-evaluated and no longer qualifies as needing services. His DNQ ARD is this week. I do not contest the results of the evaluation, but I’ve been told he will remain in my class til the end of this school year. We have approximately 2 1/2 months of school remaining. Is this legal? He does get 2 hours of inclusion daily and it seems to me he is best served in the gen ed classroom.

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Chuck
03/17/2016 2:54 pm

This could be considered a violation of IDEA rules, but if the ARD/IEP team determined this, it may not be considered illegal.

Denise
03/17/2016 7:02 pm
Reply to  Chuck

So if the ARD team decides that allowing him to stay in a self contained class to finish out the year is acceptable then we would not be breaking the law, as long as it is written into the deliberations?

Chuck
03/18/2016 1:27 pm
Reply to  Denise

In the legal system, there is breaking the law & BREAKING the LAW! Courts & hearing officers often rule that a school did not follow the law, but it is considered a “procedural error” that did not affect the child negatively. I believe it is important the document clearly state that the parents are in agreement with the decision, & the rationale for not moving the child out sooner.

Denise
03/18/2016 4:40 pm
Reply to  Chuck

Thanks!