Is there a law prohibiting inclusion of a special needs student with younger peers?

Question

I work with a boy who has Downs Syndrome. He is in 5th grade. His mother would like him to take music with the 3rd grade general ed class. Are there legal guidelines prohibiting an older special needs student from taking a class with younger peers?

Answer 1

In Illinois, the allowable age span in a special education classroom is 4 years on the elementary level and 6 on the high school level.

I'm assuming, based on the answers here, that it must differ according to state law. You might want to check your state's board of education website for specifics.

Answer 2

Each school district interprets special ed law a little differently, so the answers we give may be different from your district's policy.

What we are really dealing with here are FAPE issues. (Free and APPROPRIATE Public Education.) If the members of the IEP team and the administration agree that his taking this class is appropriate, so be it.

We have done this in my district before, especially with art classes. The child may not have the fine motor abilities as his or her peers and so can have more fun doing art with a younger group.

If the child expresses anger of upset at being with younger children, then the environment isn't appropriate. Otherwise, things are cool.

Answer 3

No, there shouldn't be.  In fact, many small schools do not have special education programs and the handicapped children are often in the classes of children much younger than them.  If you think about all of the kids that are not considered special needs that are held back because they don't grasp the material that is being presented to them, then it should make sense.  Advice your friend to talk to the principal to make arrangements for her son to join the third grade music class.  Good luck!

Answer 4

I don't know what state you are in but in NJ children  can not be more than three years apart in the same class.  This does not always equal three grades, because you could  have students who stay back or are very young for their grade. Other than that I don't see a problem.

Answer 5

i dont see why not, my special daughter is in a class with younger students and older students, there should be no discrimination

Answer 6

There shouldn't be. Unless there are some safety issues that I can't think of, that's the most ridiculous thing I've ever heard. The only downside I can think of (and I'm trying to be as PC as I can on such a sensitive subject that I'm ignorant on) is he may throw the tempo off for the rest of the students.