Kindergarten Placement
Before I get into my answer to the question I am not an attorney, I don't play one online (not even a little bit) and the information that I am going to provide is not legal advice nor a replacement for legal advice if you need it.
Q: My son is starting kindergarten next year and I am nervous about where they will place him. He has autism and some behaviors that I believe are because he is non-verbal. I don't want him to be placed in an emotional support classroom or life skills. I want him in a regular education classroom because he will follow what the other kids are doing and I am certain his behaviors will get worse. What rights do I have to ask that he be in regular education and what supports can I ask for?
A: Dear Kindergarten Parent,
First, every step is scary but you're at the beginning of a wonderful journey.
As a team member the district is required under the Individuals with Disabilities Education Act (IDEA 2004) to have you at every meeting for evaluation to placement and you get to be a part of every discussion and team decision. Placement must follow a continuum and they must look at the Least Restrictive Environment (LRE) for your child.
During the development of the IEP, you are going to ask them to go through the Least Restrictive Placement continuum or LRE, this means they have to look at what your child specifically needs and determine what supports he may need in each environment - general education is the first placement for discussion. If the supports he needs cannot be met in that setting they follow the guidance under the federal regulations
34 CFR § 300.114(a) as:
(a) General.
(1) Except as provided in Sec. 300.324(d)(2) (regarding children with disabilities in adult prisons), the State must have in effect policies and procedures to ensure that public agencies in the State meet the LRE requirements of this section and §§300.115 through 300.120.
(2) Each public agency must ensure that—
(i) 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 nondisabled; and
(ii) 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.