Just to clarify, I have met with SPED and the campus admin over this. Their answer is the same, I have to take the student in a private setting (which by the way I am totally against meeting with ANY student in a private setting.)
Also, I am the only director. There is no one else to cover the class or meet in private with the student. I have asked for suggestions on how to make this work in a band rehearsal setting but I just get the same ol' "meet in private" answer with no other suggestions.