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Attorney reviews ‘least restrictive environment’ duties as state steps up audits
Summary
An attorney for Troon Law Firm told the Harper Creek board that federal and state special-education law require schools to maximize supports so students with disabilities are educated alongside non-disabled peers, and warned districts to document attempts before moving a student to a more restrictive placement.
Rob Dietzel, an attorney with Troon Law Firm, told the Harper Creek Community Schools Board of Education on Dec. 9 that the legal obligation known as “least restrictive environment” (LRE) requires schools to keep students with disabilities in their home-school setting to the maximum extent appropriate.
“The least restrictive environment obligation isn’t new,” Dietzel said. “IDEA regulations specifically say that, to the maximum extent appropriate, students with disabilities must be educated in the same classes and programs as their non-disabled peers are educated.”
Dietzel described three legal touch points the district’s special-education teams must document before changing a student’s placement: (1) that the team considered and tried practicable…
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