Expert: Tim Runner - 1/13/2010

Question
My daughter is in a special education day class.  She has been identified as having specific learning disability.  The class has been helpful as they have been able to work with her at her level, introduce her to new/more efffective strategies, and she has felt much better about school.  However, at the start of school last year, and the year, her class has become less of a learning disabled class and has included more students with very severe disabilities.  the teacher has said that almost half of the class has something severe such as mental retardation, down syndrome or what seems to be severe cases of autism (one day a child was crying and baning therir head on the file cabinets.  My daughter says that happens alot.  Also she says that one child is not toliet trained and will often refuse to go get his diaper changed.  Apparently, this causes a major disruption in class trying to get him to the bathroom and my daughter says that the room smells horrible.  I understand that all kids have different needs, but isn't there some part of the special education law that takes into account the type of kids that are placed together?  I don't feel that this present situation is the best learning environment for my daughter,but I know she still needs help.  Can I ask to have her moved to a clss that has less sever disabilities?

Answer
The law says that each child with special needs should be placed in the least restrictive class that meets her unique needs. From what you have said, the class she is now in does not seem to be doing this. You have the right to call for an IEP Team Meeting at any time. At this meeting you should express your concerns. I suggest that you visit this class a couple of times before the IEP so that you can observe first hand. If they do not have other special day classes (SDC) that meet her needs, they must consider transporting her to another school that does have the right kind of SDC or paying for her to attend a private school that meets her needs.

Another option to consider is having your daughter take Resource Specialist classes (RSP). These classes are smaller, taught by a special education teacher, and cover material at a slower pace. Without knowing much more about your daughter, I have no way of knowing if RSP is an option.

Tim Runner
Advocate
Advocates 4 Kids
email: timrunner@cox.net
website: www.special-education-answers.com