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