Are schools required to offer Special Needs Classes?

Question

A friend of mine has a child in Elementary School. She was just told that the school is cutting their Special Needs Classes so that the funding can be used towards bilingual studies. Her son is one that is affected by the Special Needs cuts. He suffers from a rare genetic disorder that also causes developmental delays (hence the reason for Special Needs classes). Can schools really cut out the program? I thought that they were required by the government to provide "something".

Serious answers only please....

Answer 1

Her son has a right to FAPE: Free and Appropriate Public Education; he also has the right to LRE: Least Restrictive Environment. Basically this means that the district must provide free, appropriate education in a setting that is most beneficial to the student, whether that is mainstreamed in general education classes, in a self-contained classroom, or somewhere in between. I don't know how the district can even consider such cuts. Good luck, and give 'em hell.

Answer 2

The schools can cut or alter the current programs BUT they have to still provide services for students. What may end up happening is your friend's son may end up going to school at another location within the district or the school system may have to pay for private placement if they no longer have any classroom that can meet his educational needs.

I would advise your friend set up an appointment immediately with the special ed committe liason for her district to find out what the plans are for the kids currently recieving services under the old special ed program. She should do this now so there will be no surprises come fall. She should be prepared for the school to say that do not have any solution as of yet. The second she hears that she should request an immediate review of the child's IEP. As soon as that is done, the school system has set deadlines to meet. Since changing the location will mean changin the IEP, the school should need the meeting anyway, but your friend should take the initiative and do it NOW! She should have all the documentation from her child's doctors, therapists and current teachers concerning the appropriateness and success of the current placement as well as any ideas she may have for new placements if needed.

The sad thing is, this is happening in districts across the country more and more. Schools are doing away with special ed programs and moving towards total "inclusion". Inclusion (where kids with special ed are integrated into classrooms of thier peers..peers being determined by age not developmental levels) can be a wonderful thing and many families have had success and would never want any other placement. However, there are just as many families out there that do not want thier kids integrated. My son, for example, would never be able to function in a class of 25 other students..even with the help of a dedicated aide..while maintaining the level of growth and success he has in his special ed class. Integration should be seen as one choice out of many, but many schools are making it one of the only choices as they are forced to cut thier budgets more and more.

As I have said before, to all the parents who want more from the public schools but keep voting for tax cuts...stop. Tax cuts mean budget cuts and the first place they tend to cut is education, especially special ed.

Answer 3

I have taught in special education settings for 13 years. Here is what I can tell you. They can cut the special needs class, but they cannot cut the services. You MUST, by law have a continuum of services. The child MUST be serviced by special education teachers who are qualified to meet the child's needs. The services must be free, appropriate for his needs and meet the goals of his IEP (individual placement plan).

In the IEP or ARD meeting (name varies according to state)she does not have to sign off if she does not agree. She can tell the comittee they must meet again after she has had time to review the placement and goals. She can object to things that do not meet with her approval (within reason- she can't ask for a private nurse, his own classroom and lunch served by Outback). Should quesitons arise your friend can contact a Special Education Advocate to help during the ARD (IEP meeting in some places).

BTW, the special ed funds CANNOT be used for bilingual studies. That is illegal. Special Ed. money is only for special ed. programs and vice versa. That is one sure way to get the local education agency doing an audit on the school, that is akin to being audited by the IRS- not good.

Good luck.

Answer 4

The school cannot refuse to provide accomodations--including special education teachers, etc.

If the number of students is low, schools sometimes opt for other ways of doing this--and as long as the students with disabilities get what they need, that is legal and perfectly okay.

What you need to find out is what alternative arrangements the school is planning on. If there are none--or are inadequate, your friend should contact the school board and complain. Also contact the federal office (usually called the OCR --office of compliance review) aand file a complaint. But she should also contact disability advocacy groups (look under "disability" or "disabled" in your phone book) to get advice and help. And she can find an experienced disability rights lawyer through them as well, if legal action becomes necessary.

Bottom line--your friend's child is entitled to an education--and appropriate support . That's the law.

Answer 5

A school can move the program from one facility to another, but the school district cannot refuse to offer the services needed to students with disabilities. As others have mentioned, a school district must provide FAPE--that is federal law. The location is ambiguous, but the service must be provided by the district. If your friend is being told that the program is being cut--not just from the school her child attends, but from the district--she definitely will want to throw out the term "Due Process" as often as she can. Amazing the action it can get!!

Answer 6

Yep. The folks are correct who are saying, the class may be cut, but services must be provided. I believe that most kids will learn better in a classroom of typical peers where they have relationships with their friends. This is not true for all children, but is for many. I would encourage you and your friend to see what is offered from the school district and see if serving him with his typically developing peers may be the best thing. A 'self contained' special education classroom is quite restrictive and learning social interactions with peers would be a great skill.

Answer 7

PUBLIC schools must provide a free appropriate education. It's a federal law called IDEA - Individuals with Disabilities Education Act. If they do not have a program that fits the child's needs (according to his IEP) then they have to set up an outside placement. If your friend's child does not get the services he needs they need to get an advocate and if that doesn't work research the phrase "Due Process"

Answer 8

If a school does cut Special Ed for whatever the reason they have to offer another placement in a school that does have special ed-- that is up to the TEAM to keep the parents informed and it the LAW--Good Luck

Answer 9

tell her to go to the school board.her child has the right to get the help he needs . i have never heard of them cutting special programs for kids that need help . tell her to look in to it .for her child or may be she can find out threw the government program .my daughter was in special aid they can not refuse a child that needs help .tell her to ask the school for some numbers who she can talk to a bout this and if they won,t tell her like i said go to the school board or talk to a lawer find out if they can do this and what are her sons rights are and what can she do a bout this i can not be live this cutting this program . why not cut some thing else like teacher coffie breaks or raise,s not school programs (sorry but never heard of this and it is uo setting to just think they would do this

Answer 10

The problem is what "something" means.

In Massachusetts they can not cut the program even though the state does not contribute to its cost. However they can "mainstream" the special needs kids. That lets them dump the kids into a corner of a regular classroom and pretend that they are still getting individual help attuned to their needs.