256B.8 - EXCEPTIONS.
256B.8 EXCEPTIONS.
It is not incumbent upon the school districts to keep a child
requiring special education in regular instruction when the child
cannot sufficiently profit from the work of the regular classroom,
nor to keep a child requiring special education in the special class
or instruction for children requiring special education when it is
determined by the diagnostic educational team that the child can no
longer benefit from the instruction or needs more specialized
instruction available in special schools. However, the school
district shall count the child requiring special education in the
enrollment as provided in sections 256B.9, 257.6, and 273.9 and shall
ensure that appropriate educational provisions are made for the child
requiring special education.
An area education agency director of special education may request
approval from the department of education to continue the special
education program of a person beyond the person's twenty-first
birthday if the person had an accident or prolonged illness that
resulted in delays in the initiation of or interruptions in that
person's special education program. Approval may be granted by the
department to continue the special education program of that person
for up to three years or until the person's twenty-fourth birthday.
No provision of this chapter shall be construed to require or
compel any person who is a member of a well-recognized church or
religious denomination and whose religious convictions, in accordance
with the tenets or principles of the person's church or religious
denomination, are opposed to medical or surgical treatment for
disease to take or follow a course of physical therapy, or submit to
medical treatment, nor shall any parent or guardian who is a member
of such church or religious denomination and who has such religious
convictions be required to enroll a child in any course or
instruction which utilizes medical or surgical treatment for disease.
Section History: Early Form
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 281.8] Section History: Recent Form
84 Acts, ch 1001, § 1; 89 Acts, ch 135, § 83
C93, § 256B.8
93 Acts, ch 101, § 102