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