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Expert Q&A

How does “inclusion” apply to a private school that has a large number of children with disabilities?

I am a Certified Occupational Therapy Assistant and I have recently began working in a private school with special need kids ages three to nine with various disabilities. There is some controversy over how inclusion translates in to a private setting versus a public setting.

There are a few people who want to mix verbal and non-verbal, physically handicapped and mentally handicapped, medically stable with medically fragile students all into the same classrooms, with no regard to the quality of the education of the individual child. This is a new area of practice for me.

Some people cite the law one way and others site it in another way. I would like for you to explain how inclusion should be applied in a private school setting, what it the criteria for a classroom setting and any other resources I can utilize to help me better understand how this will work.

Please get back to me ASAP I am trying to do the best for the children I work with because I feel each child regardless of their disability, should be given what they need to be able to have a good quality of life.

Your question addresses the issues surrounding inclusion of children with disabilities in a private school. At the outset, it is hard to answer your question without more information about the nature of the school and how it’s funded. If the school is receiving public special education funding for the students, it is governed by all of the IDEA special education laws and the other federal disability rights statutes.

On the other hand, if it is receiving non-special ed federal funding, it may be governed by Section 504, but would not be governed by the IDEA special education laws. Finally, and to add to the confusion, if it doesn’t receive any federal funding, it would not be covered by either IDEA or Section 504. However, unless it is religiously controlled, it would be covered by the Americans with Disabilities Act (ADA).

Somewhat different rules apply under each of these laws. However, even in relation to public schools, none of the laws require “inclusion”. Rather, all require placement in the least restrictive environment appropriate for the child’s needs, though the rules interpreting this statement are somewhat different depending on the statute.

In any event, “inclusion”, which is an educational concept, embraces the notion of “natural proportions”, which means that regular classrooms or programs should include children with disabilities in proportion to their prevalence in the general population.

Disproportionate placement of students with disabilities in regular class creates excess strains on the education of all the children, as well as the staff, and defeats some of the goals of inclusion, which relate to the opportunity for participation with typically developing peers in typical environments, but with appropriate support.

If the school is governed by either IDEA or Section 504, both laws require that each child receive a free appropriate public education (FAPE).If the programs structure precludes the ability to provide FAPE, then there is reason to challenge whether the child’s (children’s) need(s) is/are being met.

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