StacyLee McGuire,

Preschool programs are not under the same mandates as school age children, when it comes to LRE. There is no mandate for the district to have neuro-typical students in their preschool program. Some districts do offer free preschool, for neuro-typical students to get typical peers as role models, but staffing costs money, as you know. Thus, as long as your child can receive educational benefit from the proposed program, your choices become one of using that program or going elsewhere. That, of course is on a case by case basis, not a class action type decision.

To resolve this challenge, some parents that our office work with, use the district sp ed only preschool for 2 days per week and use a different neuro-typical program (some with extra staffing supports) for 2-3 additional days per week; thus getting the best of both worlds.

The bottom line is, your child has a right to a FAPE which is defined as being able to make reasonable progress on the goals and objectives as agreed upon in the IEP meeting. If the district's new program cannot do this or cannot be reasonably expected to do this, then you likely have a basis for the district to send your child to another program, at their expense.

Allan Roth, Consultant

Alliance Resources and Associates, inc.