If a state allows school choice then does it also apply to children who have IEPs?

Discussion in 'Special Ed 101' started by jcox, Jan 29, 2009.

  1. jcox

    jcox New Member

    I live in MA. School choice is an option here as long as parents provide the transportation. I have about had enough of the school and am wondering if school choice applies to children that have IEPs. He is in a substantially seperate classroom so he would do best in continuing to be in the same type of class, but I would prefer him with children his own age. I am thinking hardly about school choicing him, but wonder how that would work with a child who has an IEP.
  2. Sheila

    Sheila Moderator

    Oh, me. I just posted to 30 something -- you ladies are being hard on this heavily medicated moderator this morning with-gray areas. lol

    Your situation is 2 laws collide in my opinion.

    IEP students have the same rights as all other students +. However, the IEP (placement) is not a place/location per se unless a particular campus or location is written into the IEP.

    It's my understanding that school districts are at liberty to provide IEP services on whatever campus they choose -- again, unless the IEP is specific about the particular location/campus the "placement/IEP" will be carried out.

    If you want to transfer your child to another campus, I'd send a letter via Certified Mail requesting a transfer to that campus.

    Now, this is where OCR/504 could kick in. IEP students may not be segregated to a specific campus (there are some caveats to this). So if the transfer school is basically the same as the present school, the school district better have a really good reason for not allowing the transfer.

    In case you are not aware, all IEP students are covered under Section 504. (The reverse is not true.)