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Resolving Parent School Disputes

Change of Placement

Question 8.

The team wants my child in general education with accommodations. She is failing. How can I get her placement changed back into special ed?

Answer

You can request a meeting to review and revise your child's IEP. But before you request that meeting, you need answers to several questions.

Why is your child failing regular education classes?

When the team decided to place her in regular education classes, what accommodations did they write in her IEP?

Did all her teachers implement these accommodations consistently?

Children with disabilities are entitled to supplementary aids and services so they can be educated in regular education classes with nondisabled children.

What supplementary aids and services did the team agree to provide?

Did the school provide these aids and services on a consistent basis?

Supplementary aids and services must be based on peer-reviews research "to the extent practicable."

Are the supplementary aids and services in your child's IEP based on peer-reviewed research?

The IEP team thought your child could handle the demands of regular education. If she is failing because she did not receive the accommodations and/or supplementary aids and services she needed, moving her back into a special education class is not the solution.

Legal Resource

Wrightslaw: Special Education Law, 2nd Edition

Wrightslaw: From Emotions to Advocacy, 2nd Edition

Wrightslaw: All About IEPs Chapter 14

IDEA

20 U.S.C.§ 1401(33)

IDEA Regulations

34 C.F.R. §300.42

34 C.F.R. §300.320(a)(4)

Additional Resources

Inclusion, Least Restrictive Environment (LRE), Mainstreaming

Your Child's IEP & Progress in the General Curriculum

How Can I Get My Child's IEP Revised?

Is Your Child Making Progress in Special Ed?

Accommodations and Modifications

When Teachers Won't Provide Accommodations in the IEP?

How Can I Get the School to Provide an Appropriate Program?

State Special Education Regulations and Guidelines. You will find your specific state regulations at your State Department of Education website. Use the Wrightslaw Yellow Pages for Kids with Disabilities to locate your state site.

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