Case study- Laws--- Special Education

[geenamercile]

Hello,

I'm trying to tap the awesome powers of the YM collective.  I'm looking for cases or laws about mixing ages with electives.  Mostly is it consider appropriate to mix high school/middle school/ and elementary children for an elective class.  If anyone can point me to a good database or something for research I would appreciate it.     

  

[GRG a/k/a goldenrulegirl]

I am most definitely NOT offering legal advice, but Special Ed is so individualized, that I think the argument can be made simply on the IDEA purpose that special education must ensure a free and appropriate education designed to meet the academic, social, and emotional needs of that child and to ensure each child's access to the general curriculum. Electives are usually considered part of the general curriculum offered to all students in a school.

So, the questions to ask to are:

Is this a child -- based upon competent and thorough testing and performance toward goals in his/her IEP and teacher observations -- who benefits academically/socially/behaviorally from a same-age peer group or from a wide-range of ages?

Is this a child who mimics behaviors for whom a wide age range of peers would provide examples of inappropriate behaviors for the age of the child?

Is this a child who is susceptible to influence (good and/or bad) from older children?

Is this a child who regresses socially/emotionally/behaviorally when placed with younger
children?

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How are electives offered to the rest of the students in the child's age group/grade? Does the child require a more restrictive setting to access those electives than "typical" children?

You get the gist...

[busymom]

We are fortunate to live in a community where we've got advocacy organizations for children with special needs. Which means, if I question something my local school district is doing, I can call them for free legal advice. Do you have someplace you can call with your concerns? Often, the organizations that help with things like IEP's could offer you their opinion. Best wishes!

[geenamercile]

I am a special education teacher.  I am working on a paper so looking for sources, and support.  I may just have to end up going to a library this weekend.  

[GRG a/k/a goldenrulegirl]

Well, in that case, here are a few suggestions outside the normal legal channels (i.e., Lexis and/or Westlaw which often require expensive subscriptions).  This is by no means an exhaustive list, nor necessarily one that will yield the information you want, but it is a starting point.  One thing to keep in mind is that very few special ed lawsuits make it to district courts (where they would then be reported and readily available to the public) because of the expense to the parents to bring such lawsuits.

Many state court systems have subject matter case reporters (on the idea of legal magazines that print state court decisions in the subject area) -- i.e., the tax law reporter, the probate law reporter, etc.  Google your state's special ed law reporter.

Check your own state's Department of Education Special Ed division website for reported cases or call your state's Department of Ed Special Ed Appeals division. 

As Busymom noted, check your state's child advocacy agencies.

Check the website for the Federal District Court that covers your state.

Google your state's name plus phrases such as "court decisions in X regarding special education and electives".

Also, check Wrightslaw.com which is a special ed legal advocacy website.

Good luck.  We want to read the finished product.