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Special Ed 101
504 doesn't apply???
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<blockquote data-quote="Sheila" data-source="post: 71625" data-attributes="member: 23"><p>No. "Grades" is only one component of many that must be considered for eligiblity of an IEP.</p><p></p><p>And yes, when a child is having behavioral problems, it adversely impacts his/her education and the other students' as well.</p><p></p><p>Although it appears to be a reoccurring misinterpretation of IDEA by some educators, the regs are clear. From <a href="https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf" target="_blank">https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf</a></p><p></p><p>"FAPE Requirements</p><p> Section 300.101(c) has been revised</p><p>to clarify that a free appropriate public</p><p>education (FAPE) must be available to</p><p>any individual child with a disability</p><p>who needs special education and</p><p>related services, even though the child</p><p>has not failed or been retained in a</p><p>course, and is advancing from grade to</p><p>grade....</p><p></p><p>...Comment: Some commenters</p><p>expressed concern that children with</p><p>disabilities have to fail or be retained in</p><p>a grade or course in order to be</p><p>considered eligible for special education</p><p>and related services.</p><p>Discussion: Section 300.101(c)</p><p>provides that a child is eligible to</p><p>receive special education and related</p><p>services even though the child is</p><p>advancing from grade to grade. Further,</p><p>it is implicit from paragraph (c) of this</p><p>section that a child should not have to</p><p>fail a course or be retained in a grade in</p><p>order to be considered for special</p><p>education and related services. A public</p><p>agency must provide a child with a</p><p>disability special education and related</p><p>services to enable him or her to progress</p><p>in the general curriculum, thus making</p><p>clear that a child is not ineligible to</p><p>receive special education and related</p><p>services just because the child is, with</p><p>the support of those individually</p><p>designed services, progressing in the</p><p>general curriculum from grade-to-grade</p><p>or failing a course or grade. The group</p><p>determining the eligibility of a child for</p><p>special education and related services</p><p>must make an individual determination</p><p>as to whether, notwithstanding the</p><p>childs progress in a course or grade, he</p><p>or she needs or continues to need</p><p>special education and related services.</p><p>However, to provide additional clarity</p><p>we will revise paragraph (c)(1) of this</p><p>section to explicitly state that children</p><p>do not have to fail or be retained in a</p><p>course or grade in order to be</p><p>considered eligible for special education</p><p>and related services.</p><p>Changes: Section 300.101(c)(1) has</p><p>been revised to provide that children do</p><p>not have to fail or be retained in a</p><p>course or grade in order to be</p><p>considered eligible for special education</p><p>and related services.</p><p></p><p></p><p>....We also recognize, though, that as a</p><p>matter of practice, it makes a great deal</p><p>of sense to attend to behavior of</p><p>children with disabilities that is</p><p>interfering with their education or that</p><p>of others, so that the behavior can be</p><p>addressed, even when that behavior will</p><p>not result in a change in placement. In</p><p>fact, the Act emphasizes a proactive</p><p>approach to behaviors that interfere</p><p>with learning by requiring that, for</p><p>children with disabilities whose</p><p>behavior impedes their learning or that</p><p>of others, the IEP Team consider, as</p><p>appropriate, and address in the childs</p><p>IEP, the use of positive behavioral</p><p>interventions, and other strategies to</p><p>address the behavior. (See section</p><p>614(d)(3)(B)(i) of the Act). This</p><p>provision should ensure that children</p><p>who need behavior intervention plans to</p><p>succeed in school receive them. For</p><p>these reasons, we decline to make the</p><p>changes suggested."</p></blockquote><p></p>
[QUOTE="Sheila, post: 71625, member: 23"] No. "Grades" is only one component of many that must be considered for eligiblity of an IEP. And yes, when a child is having behavioral problems, it adversely impacts his/her education and the other students' as well. Although it appears to be a reoccurring misinterpretation of IDEA by some educators, the regs are clear. From [url]https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf[/url] "FAPE Requirements Section 300.101(c) has been revised to clarify that a free appropriate public education (FAPE) must be available to any individual child with a disability who needs special education and related services, even though the child has not failed or been retained in a course, and is advancing from grade to grade.... ...Comment: Some commenters expressed concern that children with disabilities have to fail or be retained in a grade or course in order to be considered eligible for special education and related services. Discussion: Section 300.101(c) provides that a child is eligible to receive special education and related services even though the child is advancing from grade to grade. Further, it is implicit from paragraph (c) of this section that a child should not have to fail a course or be retained in a grade in order to be considered for special education and related services. A public agency must provide a child with a disability special education and related services to enable him or her to progress in the general curriculum, thus making clear that a child is not ineligible to receive special education and related services just because the child is, with the support of those individually designed services, progressing in the general curriculum from grade-to-grade or failing a course or grade. The group determining the eligibility of a child for special education and related services must make an individual determination as to whether, notwithstanding the childs progress in a course or grade, he or she needs or continues to need special education and related services. However, to provide additional clarity we will revise paragraph (c)(1) of this section to explicitly state that children do not have to fail or be retained in a course or grade in order to be considered eligible for special education and related services. Changes: Section 300.101(c)(1) has been revised to provide that children do not have to fail or be retained in a course or grade in order to be considered eligible for special education and related services. ....We also recognize, though, that as a matter of practice, it makes a great deal of sense to attend to behavior of children with disabilities that is interfering with their education or that of others, so that the behavior can be addressed, even when that behavior will not result in a change in placement. In fact, the Act emphasizes a proactive approach to behaviors that interfere with learning by requiring that, for children with disabilities whose behavior impedes their learning or that of others, the IEP Team consider, as appropriate, and address in the childs IEP, the use of positive behavioral interventions, and other strategies to address the behavior. (See section 614(d)(3)(B)(i) of the Act). This provision should ensure that children who need behavior intervention plans to succeed in school receive them. For these reasons, we decline to make the changes suggested." [/QUOTE]
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