By A. Frank Johns JD, LLM, CELA
At the beginning of every school year parents of children with special needs face the difficult decision of whether to place their child in regular education classes or move them into a special education class. This topic is a great source of conflict for many parents, who are torn between the opinions of advocates on both sides of the debate. On one hand, some argue that students with special needs should be included in regular education classes so that they may learn to function in mainstream society. Theoretically, the goal of “mainstreaming” a special needs student is reached by compelling the student to adapt to an environment that mimics society at large. Parents hope that by placing their child in a regular education classroom, rather than a special education classroom, they will help their child excel in communicating and thinking at a mainstream pace. Some parents and teachers believe that it is unfair to keep a child with special needs out of the mainstream classroom. Why should a child be treated differently just because he absorbs classroom material at a slower rate, or in a different way, than other children? Treating him differently may instill in him a sense of not fitting in with his peers. And if he is treated differently, could this amount to discrimination against him?
But learning curriculum at a break-neck pace and taking exams that essentially rate the academic value of each student - how honestly does the classroom environment mimic mainstream society? Students, including those with special needs, may have strengths in areas that aren’t measured in the mainstream classroom. Is forcing our special needs students into regular classes just setting them up for emotional defeat? For parents of a child with special needs, their child’s morale is often more important than whether or not he learns how to diagram a sentence, or correctly apply various geometric theorems. Placement in a regular education class room often leaves children with special needs feeling overwhelmed. Some advocates believe inclusion in the regular education classroom is just an excuse made by school systems in an attempt to save money. Still others argue that it is unfair to include students in a mainstream classroom where they won’t get the attention their needs demand, and consequently we stifle their potential and limit their quality of life. James Kauffman of the University of Virginia argues that “trying to force all students into the inclusion mold is just as coercive and discriminatory as trying to force all students into the mold of a special education classroom,”(“Special Education Inclusion”).
One answer to this dilemma may rest where most parents dare not look for fear of misunderstanding: the law. The Individuals with Disabilities Education Act, or IDEA, is a particular directive that addresses the question of which classroom is appropriate for each individual student with special needs. The IDEA “requires that children with disabilities be educated in the ‘least restrictive environment appropriate’ to meet their ‘unique needs’” (qtd. in “Special Education Inclusion”). In order to determine the “least restrictive” appropriate environment parents and teachers should assess the child’s Individual Education Program, or IEP, carefully and take into consideration the child’s practical skill level. It is important that the complete picture be considered which includes the child’s physical and emotional welfare, as well as their educational needs. One way the IDEA attempts to do this is by categorizing various disabilities and requiring different levels of attention for each.
This is just one strategy some parents have found helpful in this ever evolving debate. If you have a child with special needs who is having difficulty with placement in the appropriate classroom, please contact us at Booth Harrington & Johns of NC, PLLC at (800) 503-5337 or visit our website at www.nc-law.com. We have years of experience advocating for children with special needs, let us use our awareness to your family’s benefit.
