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Special Ed 101
Is than an IEP Placement Issue or Not?
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<blockquote data-quote="Sheila" data-source="post: 147233" data-attributes="member: 23"><p>"The buck stops" with the District Special Education Director and ultimately the District Superintendent.</p><p></p><p>"Placement" is not really a specific "place," however, a specific school or location can be written into the IEP.</p><p></p><p>This is the fed reg; you'll find similar terminology in your State regs.</p><p></p><p>From <a href="http://idea.ed.gov/explore/view/p/&#37;2Croot%2Cregs%2C300%2CB%2C300%252E116%2C" target="_blank">http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C</a> :</p><p></p><p> Regulations: Part <a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2C" target="_blank">300</a> / <a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C" target="_blank">B</a> / 300.116</p><p> <a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E100%2C" target="_blank">Previous</a></p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E117%2C" target="_blank">Next</a></p><p><strong> Sec. 300.116 Placements.</strong></p><p></p><p> In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that--</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Ca%2C" target="_blank"> (a) </a> The placement decision--</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Ca%2C1%2C" target="_blank"> (1) </a> Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Ca%2C2%2C" target="_blank"> (2) </a> Is made in conformity with the LRE provisions of this subpart, including Sec. Sec. 300.114 through 300.118;</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cb%2C" target="_blank"> (b) </a> The child's placement--</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cb%2C1%2C" target="_blank"> (1) </a> Is determined at least annually;</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cb%2C2%2C" target="_blank"> (2) </a> Is based on the child's IEP; and</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cb%2C3%2C" target="_blank"> (3) </a> Is as close as possible to the child's home;</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cc%2C" target="_blank"> (c) </a> Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled;</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cd%2C" target="_blank"> (d) </a> In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and</p><p><a href="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Ce%2C" target="_blank"> (e) </a> A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.</p><p> (Authority: 20 U.S.C. 1412(a)(5))</p><p></p><p>Do not sign the IEP and announce that you want the meeting "reconvened" so that you can get a ruling from the Special Education Director, the State Education Agency Sp Ed oversight department, and the US Department of OSEP -- follow through if necessary. If they are smart, you'll see an immediate change of attitude.</p><p></p><p>The fact is, is that the IEP team can do pretty much what they want to do. The reality, however, is that higher up administration trys to control the team.</p></blockquote><p></p>
[QUOTE="Sheila, post: 147233, member: 23"] "The buck stops" with the District Special Education Director and ultimately the District Superintendent. "Placement" is not really a specific "place," however, a specific school or location can be written into the IEP. This is the fed reg; you'll find similar terminology in your State regs. From [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C"]http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2C[/URL] : Regulations: Part [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2C"]300[/URL] / [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C"]B[/URL] / 300.116 [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E100%2C"]Previous[/URL] [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E117%2C"]Next[/URL] [B] Sec. 300.116 Placements.[/B] In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that-- [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Ca%2C"] (a) [/URL] The placement decision-- [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Ca%2C1%2C"] (1) [/URL] Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Ca%2C2%2C"] (2) [/URL] Is made in conformity with the LRE provisions of this subpart, including Sec. Sec. 300.114 through 300.118; [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cb%2C"] (b) [/URL] The child's placement-- [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cb%2C1%2C"] (1) [/URL] Is determined at least annually; [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cb%2C2%2C"] (2) [/URL] Is based on the child's IEP; and [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cb%2C3%2C"] (3) [/URL] Is as close as possible to the child's home; [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cc%2C"] (c) [/URL] Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled; [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Cd%2C"] (d) [/URL] In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and [URL="http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CB%2C300%252E116%2Ce%2C"] (e) [/URL] A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum. (Authority: 20 U.S.C. 1412(a)(5)) Do not sign the IEP and announce that you want the meeting "reconvened" so that you can get a ruling from the Special Education Director, the State Education Agency Sp Ed oversight department, and the US Department of OSEP -- follow through if necessary. If they are smart, you'll see an immediate change of attitude. The fact is, is that the IEP team can do pretty much what they want to do. The reality, however, is that higher up administration trys to control the team. [/QUOTE]
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