Placement of Individuals with Disabilities

Key Words: Deaf Ed. Info, Documents

Type: Article

Topic: Deafness

Focus: Placement

Summary:

"Without diminishing the rights and protections afforded children with disabilities and their parents, how can resolving disputes be made less time-consuming, costly, and adversarial?"

"As required by IDEA every deaf and hard of hearing child is entitled to a free and appropriate public education in the least restrictive environment. Though the law itself emphasizes appropriate, many states and local school districts have adopted the practice of placing children in the regular classroom or public school building, and then attempting to create an appropriate environment within the limitations of that placement."

"While some children are appropriately placed, many are not, and the NAD believes that the system and structure must allow for flexibility in seeking changes in programming and placement. Current due process provisions are inadequate and discriminate against families with limited income and resources, and do not provide an efficient and timely means for making changes. Effort needs to be undertaken to streamline the process and expedite results, while preserving protections for the child."

"In many instances, because of the law's presumption in favor of regular class placement, deaf and hard of hearing children are denied access to center and residential schools for the deaf, even when such placements are requested by the parents. Parents are encountering too many obstacles when attempting to obtain what they believe are needed services or an appropriate placement. While professionals are obligated to recommend what is appropriate for the child, based on their professional judgment, the NAD favors changes in the law and regulations that will allow parents greater latitude in the selection and re-evaluation of programming, services, and placement. Parents are intimidated by and often not equipped to deal with the system. Instead of them being burdened with the need to prove that a placement is not appropriate, as a prerequisite for change, the burden of proof should be on the LEA.

Reference:

Innes, Jay. (December, 1994). NAD comments on IDEA. The NAD Broadcaster, 16(12): 7.

Grace Shanafelt/KSU Student/Deaf Ed. Major
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