IEP

Least Restrictive Environment/ Inclusion

September 29, 2020

I’m no stranger to an inclusion argument, and while they’re always tricky and emotional, they’re among my favorite kind of cases.

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Takeaways:  

The IEP mandates that “to the maximum extent appropriate, children with disabilities . . . are [to be]  educated with children who are not disabled; and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment [should] occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” Utilizing the continuum of placements and the availability of supplementary aids and services can help with an inclusion argument. 


I’m no stranger to an inclusion argument, and while they’re always tricky and emotional, they’re among my favorite kind of cases.  The law is so simple, but the discussions around Least Restrictive Environment can get so convoluted.  In today’s episode, I’ll walk you through what the law mandates, a few factors to consider in an LRE case, and ton of strategies I use in my law practice when addressing an LRE case.  

The IEP simply mandates that “to the maximum extent appropriate, children with disabilities . . . are [to be]  educated with children who are not disabled; and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment [should] occur only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”


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