Understanding Inclusion

Posted By Catherine Michael on Oct 3, 2011 11:54am EDT at www.specialeducationlawfirm.com

The debate regarding inclusion of children with challenges is not one with an end in sight. Each year parents have to fight both for inclusion and against it when it is not appropriate for their child. IDEA regulations instruct that a continuum of placement options be made avaliable to students with disabilities. They must provide this spectrum on a continuum from the least restrictive (full general education inclusion) to the most restrictive (a residential placement.) Many of the issues are due to a failure to understand what the law actually provides for children and the hotly debated issue as to what the appropriate setting is for an individual child to be educated satisfactorily.

Specifically the law reads "to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are non-disabled; and (2) That special classes, separate schooling or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [20 USC 1412 Section 612 (a) (5), and its implementing regulation found at 34 C.F.R. §300.114(a)].

However, the term "maximum extent appropriate" looks at several factors that have been identified by case law. Such as whether the child will receive a sufficient educational benefit in the classroom, whether he or she threatens the safety of other students, whether the IEP can actually be provided in the classroom, and whether there will be such much modification that the regular program is altered beyond recognition. For more information see cases such as Hartmann by Hartmann v. Loudoun County Bd. of Educ., 26 IDELR 167 (4th Cir. 1997), Oberti v. Board of Education 19 IDELR 908, 914 (3rd Cir. 1993)

In conclusion, remember that your child is guaranteed a unique and specific program for their individual needs. Closely analyze where your child makes educational and social progress and what they need to do so. Always make sure to make your voice heard at the IEP conference and don't be afraid to ask for a greater general education placement if it is warrented.