Legal Question in Disability Law in Missouri

timesline for inclusive education in the regular classroom

A decision was made in due process regarding placement for an autistic student. The decision was made to integrate the student gradually back into the regular classroom. The school, however, states that because no timeline was definitely given, they can take all the time they want to change placement. Due Process was last year. For next year, the IEP states only half inclusion into the regular classroom. However, the student is placed in an alternate placement quite some distance from his home.

Is there a definite timeline on integrating the student back into the regular classroom? I know the decision is based on several factors, including the IEP.

Thank You!

Asked on 4/01/98, 5:06 pm

1 Answer from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Special Needs Student Placement Distant

Were you aware of the distance of the placement when you accepted the IEP?Is you upsetness because the child is at that location longer than anticipated?Your post said that length of time was not put in writing? Were there any oral promises?When is your next hearing at the Dept of Ed? What did the professional evaluations say? You have a right to reject the IEP, you are entitled to a hearing, and you have a right to judicial review of the disposition after that hearing. The goal of all of that DUE PROCESS is to ASSURE THE MAXIMUM POSSIBLE DEVELOPMENT OF YOUR CHILD. Does your state have any locations located closer to your home?Does your state have a sufficient number of facilities for the needs of an autistic child?What does the law in your state proscribe as to the number of facilities the dept of ed is to maintain? Have you consulted a local atty who can explain some of the relevant factors to you? Why do I feel you are leaving something out which we need to know to answer your question properly?

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Answered on 4/21/98, 2:27 am

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