Special Needs

IEP Experts - A question

My sister is a kindergarten teacher. She was complaining to me yesterday that there is 4th grade SN boy who is not allowed outside for recess, so somehow the decision was made to have him spend recess in my sister's classroom. His teachers have forgotten to pick him up on numerous occasions and now he is acting out and afraid of being left behind/forgotten. 

My sister is upset because he is acting up and getting her whole class of 5 year olds riled up and disrupting their reading time. I feel bad for this kid. If he is not allowed outside for recess and needs special accommodations, shouldn't that be outlined in his plan?  We haven't reached this stage yet, but I sympathize with this kid more than anything and the whole situation seems off to me. Thoughts?

Re: IEP Experts - A question

  • I wanted to add.

    Has she spoken to the principal about this?

    The boy's teachers sound like they are doing the "avoid the situation" strategy.

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  • Keeping him from recess IMO is a violation of 300.117 of IDEA.  Maybe I'm wrong, but it seems to me that keeping him from recess is a violation of his rights by not providing access to nonacademic settings.  Auntie - am I reading this wrong?

     

    Sec. 300.117 Nonacademic settings.

    In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in Sec. 300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child's IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.

    (Authority: 20 U.S.C. 1412(a)(5) )

  • Thanks for the advice. My sister is definitely speaking to her principal about this. She is tenured and has been teaching kindergarten for over 10 years. She's a highly trained kindergarten teacher but is in no way experienced with SN. 
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