Placement: CAN SCHOOL REQUIRE RESOURCE ROOM FOR STUDENT WITH AN IEP?

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Jaimie:  Our Special Ed Case Manager/Resource Teacher told me yesterday that my son (and all other students on an IEP) will be required to be in her resource room period next year (9th grade) in place of one elective. Is that legal? Thank you.

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Jill G

Jaimie –

Special education services are supposed to be determined on an individual basis, based on a student need. Requiring all students to be in one class, or denying them the opportunity to participate in an elective, simply because they have an IEP is NOT legal. It not only violates IDEA, but also violates Section 504 of the Rehab Act and the ADA.

Susan

I agree, Jill. In addition it changes the LRE if the student is moved from a class with non-disabled peers to one with only students with disabilities, even potentially.