Wednesday, September 9, 2009

Is Parent Consent Required When Moving a Child From Placement in a Neighboring LEA Back To The Home LEA?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, the answer is "no" if the placement in both LEAs is the same place on the continuum and the child has the same opportunity to participate with peers without disabilities. If the IEP specifies a certain classroom in a certain school, then consent would be required. Placement is not determined by the name of the building , rather it is the place on the continuum of service environments. For example, if the IEP reads "services will be provided in Mrs. Jones' 4th grade class at Eisenhower Elementary School," then parent permission would be needed to move the student from Mrs. Jones' classroom. However, if the IEP reads "services will be provided in a regular 4th grade classroom," then parent permission would not be needed, if everything else stayed the same. Placement is not the same as location.

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