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All children are required, by law, to recieve a free and appropriate education. This includes children who are gifted, children who are "regular" and children who fall within the wide range of "disabled". This education must take place in the least restrictive enviroment. If parents feel their child's needs are not being met, they may begin the process of advocating for a change in placement. Certainly we hear more about the rights of special education students more often, but the rights are there for everyone.

2006-11-05 13:37:58 · answer #1 · answered by Annie 6 · 2 0

Laws governing Special Education are witten assuming that everyone has good intentions. A child is entitled to an education alongside his peers, if possible. A child's education should be given in the least restrictive environment possible. A parent has the ultimate authority as to a child's placement and no changes can be made until after a hearing. So, they can just say that it's not possible and hold a hearing to try to do what they want with a child. There is not an independent body that administers and governs Special Ed laws other than the courts which require substantial resources to use.

The problem is that, in some cases, schools are pressured by the parents of children without disabilities to keep the Special Ed kids away from their children so that their education is not effected. Other problems come up when a teacher or teachers just don't like and don't want to deal with Special Ed kids. Schools usually stand behind their teachers against the children. Special Ed administrators ultimately report to the the district superintendent who's primary concern is money being spent and scoring high on standardized testing. Special Ed advocates are usually ex-Special Ed administrators who did not like or go along with the way that Special Ed programs were being administered so they were fired.

So, a parent of a Special Ed child, who may be poor or have limited financial resources, may be faced with battling a school system with psychlogists and lawyers and overwhelming resources that basically just wants to get the child out of the way. Schools very rarely take on multi-millionare parents. The myth is that parents of Special Ed kids have the same rights as other parents protected under the law. The economic reality is that they don't.

2006-11-06 12:25:27 · answer #2 · answered by Anonymous · 2 0

The short answer to your question is: all children have the right to a free, appropriate, public, education. This is the FAPE you see in other posts.

The question I think you are asking is about placement. All students need to be placed in the "least restrictive environment". This means as close to a regular classroom as the child's abilities will allow. This may not be a regular classroom setting for special education children.

The school district must assess the child's strengths and weaknesses and inform the parent as to why a child is not in a regular classroom setting, if this is what the district deems as appropriate. The parent's have the right to agree, or they may challenge the district's decision in "due process hearing". The school may not place the child there without permission or going through due process. They must also provide educational services until the issue is resolved.

Hope this helps.

2006-11-05 21:21:09 · answer #3 · answered by katty0205 2 · 3 0

As others pointed out it is required to provide children with the least restrictive environment.

What this means is the child must be placed in a classroom that fits their needs. If the child's only limitation is that they are in a wheelchair they are to be placed within a regular classroom with other children that do or do not have special needs. They must fit the classroom to this child.

The school is required to make adjustments to the environment such as: rearrange the room, make the class size smaller, provide an assistant, provide assisted technology, and anything in their power to not focus on a child's disability but rather focus on their abilities.

Their are times when the child may need to be in a special needs classroom but it has to be the best place for them. In these rooms the teacher is specifically trained(with degree) to teach children with special needs. This is also where you will find that lessons are more individualized for each child. A regular classroom teacher may not have that training and their class size may be too large to individualize lesson plans.

I have two children of my own with special needs and they have been in both settings. For one regular classrooms was a better fit, the other does better in the special needs classroom.

2006-11-08 10:03:33 · answer #4 · answered by CAT 3 · 0 0

If the "regular ed kid's" parents feel it is necessary, they can order the school to do an Initial Evaluation to develop an Individualized Education Program for their child, and the school must comply. The student may be found to not qualify for special ed services.

2006-11-05 19:09:34 · answer #5 · answered by Richard H 7 · 2 1

I'm not sure what you mean. It's not a right, it's a duty and is required by law to provide education to every child, whether they have special needs or not (see the FAPE article in the post above). I once worked with an eleven year old child with a smooth brain, that meant she could do little more than breathe and blink on her own. And she was at school every day, and got a perfect attendance award!

2006-11-05 15:52:28 · answer #6 · answered by Twin momma as of 11/11 6 · 3 0

Yes, they do in the United States since the 1970s. It is written into the federal law under Public Law 94-142, Section 504 of the Rehabilitation Act, Americans with Disabilities Act, and both IDEA laws. I have included some reading on the subject for you.

2006-11-05 15:48:41 · answer #7 · answered by dawncs 7 · 3 0

Don't really understand your question. If your asking is it right for a special needs child to be put in a regular mainstreamed class with non normal kids. YES!

2006-11-06 16:44:46 · answer #8 · answered by Suzanne 2 · 3 0

Yes, they do now. Until 1975, children with disabilities did not have the same rights as children without. Now, children with disabilities are protected by both the ADA (Americans with Disabilities Act) and IDEA (Individuals with Disabilities Education Act).

2006-11-06 22:46:09 · answer #9 · answered by dolphin mama 5 · 2 0

yes, I think kids learn from each other put them in a class together, if they need one on one don't let special Ed be long term

2006-11-05 16:20:26 · answer #10 · answered by elizabeth_davis28 6 · 2 0

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