Special Education and Disability Access: The IDEA and Placing Disabled Kids
By Jade Yeban, J.D. | Legally reviewed by Susan Mills Richmond, Esq. | Last reviewed January 23, 2024
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Welcome to a guide on special education placement. Special education is a critical part of our education system. It helps students with disabilities receive the learning support they need. Special education placement refers to where and how students receive their education. Special education placement helps ensure that each student's individual needs are met. This guide is designed to help students, parents, and educators.
Learn about the complex world of special education placements. This article will explore how schools place students into special education programs.
What Is Special Education Program Placement?
Special education placement refers to how students with disabilities receive their education. This can vary greatly depending on the child's needs. Some students might learn in special programs or classrooms. Others might attend general education classrooms with certain adjustments.
The goal is to meet each student's unique needs, whether in a local school or a more specialized setting. Special education covers a wide range of impairments. These include learning disabilities like dyslexia and speech and language issues. Physical disabilities and developmental disorders are also taken into account. The team also considers hearing impairments or visual impairments. This helps ensure that all students receive the education and support they need. in order to access education.
Sometimes, a public school might be unable to meet a student's needs. In these cases, students might attend a private school education program instead. Learn more at FindLaw's Special Education and Reimbursement Frequently Asked Questions page.
Special Education Placement Laws
Special education placement laws are critical. They help ensure students with disabilities receive a free appropriate public education (FAPE). The Individuals with Disabilities Education Act (IDEA) mandates FAPE. These laws demand that students be educated in a certain setting called LRE. This means the least restrictive environment possible.
LRE is a key principle in special education. It ensures students are educated with their non-disabled peers. The least restrictive environment should be the placement as much as possible.
An initial evaluation determines a student's eligibility for special education services. This leads to the development of the child's IEP, or individualized education program. This process is not only an educational guideline but also a matter of civil rights. It helps ensure that all students have equal access to education. These protections are crucial for students.
Special education laws also provide procedural safeguards. These laws help protect the rights of both the students and their families. These safeguards offer mechanisms for resolving disputes. For example, Child Find is a part of the IDEA. It requires schools to identify, locate, and check children with disabilities. This includes children who are not yet in school.
How Schools Decide Placement
The U.S. Department of Education and local education agencies guide school districts. They use a process involving educational evaluations. They also use IEPs to decide a student's placement. The IEP team consists of several individuals. It includes educators, parents, and sometimes the students themselves.
The IEP team reviews the student's academic and mental health needs. They review things like language impairments or traumatic brain injuries. These factors help the team to make informed decisions about the child's placement. This plan decides the student's placement for the school year.
Transportation is also an important consideration in special education placements. School districts often provide transportation as part of the child's special education services. This helps ensure students can attend the most suitable programs. They can do so even if they're not in their immediate locality.
Placement vs. Reasonable Accommodation
It's important to distinguish between educational placement and reasonable accommodations. Placement focuses on the educational environment for the student. Accommodations are specific changes. These changes help support the student's learning in their current setting. Accommodations also provide support like assistive technology for students.
For example, an accommodation may mean that a student receives extra time on tests. They might get to use special equipment to help them take the test. Placement involves more significant changes to the student's educational curriculum.
Getting Legal Help With Special Education Program Placements
Understanding special education law can be challenging. For complicated situations, legal help may be necessary. A lawyer can help you navigate the different statewide and federal laws. They can assist with dispute resolution or represent you in due process hearings. They may also help you in IEP meetings and fighting for your child's educational rights.
Speak with an education law lawyer about special education placements today.
Next Steps
Contact a qualified education attorney to help you navigate education rights and laws.