1) What is it in the segregated program that makes it better than a mainstreaming program?
2) Can these things (modified curriculum, teacher) be provided in the regular school environment? | Placement decisions must be individually made and cannot be a automatically placed based solely on the basis of their disability (e.g., mentally retardation).Students should not be placed in a separate setting if services can be provided in the regular education setting. | Daniel R. R. v. State Board of Education | Involved Daniel, a six year old student with Down Syndrome from Texas. | He was placed half day in regular pre –K and half day in early childhood special education classroom.Regular education teacher said he was not making progress. IEP team pulled him out of regular education program, but allowed him to attend lunch and recess with general education students.Daniel’s parent appealed claiming that he was not being educated with general education students. | Fifth Circuit sided with school – stated that educators should make instructional and placement decisions. Found that the school had correctly identified Daniel’s LRE.Developed two part test:1.Can an appropriate education in the general education classroom with the use of supplementary aids and services be achieved satisfactorily? 2. If a student is placed in a more restrictive setting, is the student “integrated” to the “maximum extent appropriate”? | Students with disabilities must be included with students without disabilities as much as possible. | Sacramento City Unified School District Board of Education vs. Rachel Holland (1994) | Rachel Holland, 11 year old girl with moderate mental retardation | She attended special education classes from the start of her academic career, but her parents wanted her mainstreamed.School offered to put her in nonacademic courses, lunch, and recess but maintain her academic courses in a separate special education classroom.Parents wanted her to spend all day in regular general education classroom. They invoked due process rights, requested hearing, and unilaterally placed her in a private school. | Hearing officer found for the parents, district court found for the parents and applied four prong test:1. Is the more restrictive setting significantly more beneficial than the general education setting with supplemental aids and services?2. Are social needs with students in general education being met to the maximum extent?3. Does the presence of the student with a disability adversely impact the regular education teacher or class?4. Is the placement in the regular education classroom exceedingly expensive? | Stated the importance of social benefits for students with disabilities when included with students without disabilities.Indicated that that the presence of a student with a disability in a general education setting should not adversely impact the education of other students. | Hartmann v. Loudoun County Board of Education (1998) | Mark Hartmann, 11 year old child with autism | School provided Mark with a full time aide, three hours a week of special education, five hours per week of speech, individualized training for teacher and aide, training for entire staffMark continued to have problems in the general education setting. He was aggressive, dangerous, and highly disruptive. He did not make progress towards his IEP goals.School recommended placing Mark in a specialized program for students with autism. Parents upset he is not mainstreamed. | District Court found in favor with parents, Circuit Court overturned the lower courts ruled. Court applied following criteria in determining the general education setting is not appropriate:1. regular education courses will not provide educational benefit2. a more restrictive placement significantly outweighs the benefits of mainstreaming3. Due to disruptive behavior, the child compromises the education of other students in the classroom | Social benefits of mainstreaming are secondary in importance to academic needs. |
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