I am being required by my school to take gen ed students in my special ed study hall class. Is this legal?

Question

I am all for helping students that need help but my concern is that the needs of special education students get over looked if I have to address the general ed students' needs who fill up my class.

Answer 1

It depends on how your job position is funded and the title of the class.

If you are paid 100% with special education funds then yes it is a misappropriation of funding as all of your teaching services should go to special education children. It would also be a violation of the law to place general education students into a class that is specifically set up and titled for special education students.

If your class is just called a "study hall" and you have split funding say 50% special ed and 50% title one funds then the placement of both special education and general ed may be justifiable.

I would voice your concerns with the special education chairperson or administrator on your campus.  

Answer 2

In my experience as a CASA ( Court Appointed Special Advocate) -volunteer educational advocate for foster youths, I have come accross

foster youths who are being placed in Special Ed classes because of the Foster Youth Court System's requirement that they

be given an IEP just like  Special Ed students. Often such foster youths are expressing the desire to be placed in the general student

population. It is in such situations that a CASA volunteer can make a recommendation to the school and to the court that the foster you be placed in general ed population.

Answer 3

you may not like this answer but here goes.  According to the Individuals with Disabilities Education Act  every student, regardless of disability has the right to be educated with his or her peers to the maximum extent possible without hinderance to the learning process.   I have taught special needs students for 17 years and frankly I think your question shows a simple minded attitude toward a specific population of kids that deserve to get your best.  It is very obvious to me that you do not feel they are worth your best effort.   Be a real educator and treat those students with the same respect you do "gen ed" kids!!!

Answer 4

I don't think it's legal. In order for a student to take a 'special ed' study hall class, the student has to be IN special ed.

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