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(7.7) Must the district consider using supplementary aids and services in a regular education classroom to address my child’s disruptive behavior before placing her in a more restrictive setting?

(7.7) Must the district consider using supplementary aids and services in a regular education classroom to address my child’s disruptive behavior before placing her in a more restrictive setting?

Yes. Before determining that a special education student would be so disruptive that she would significantly impair the education of the other students, the district must consider the full range of supplementary aids and services that could be provided to the student in the regular education environment to accommodate her unique needs. The court in Sacramento City Unified School District v. Holland stated that:

“When evaluating the burden that would be created by placing a handicapped child in a regular education class, the school district must consider all reasonable means to minimize the demands on the teacher: A handicapped child who merely requires more teacher attention than most other children is not likely to be so disruptive as to significantly impair the education of other children. In weighing this factor, the school district must keep in mind its obligation to consider supplemental aids and services that could accommodate a handicapped child’s need for additional attention. This factor weighs against placing a handicapped child in regular education only if, after taking all reasonable steps to reduce the burden to the teacher, the other children in the class will still be deprived of their share of the teacher’s attention.” [786 F. Supp. 874 (E.D. Cal. 1992).]

Federal law requires that an IEP team consider behavior intervention strategies for any student with a disability whose behavior impedes her learning or that of others. [20 U.S.C. Sec. 1414(d)(3)(B)(i); 34 C.F.R. Sec. 300.324(a)(2)(i).]