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Attorney briefs Harper Creek board on IDEA ‘least restrictive environment’ and rising state audits
Summary
Troon Law attorney Rob Dietzel told the Harper Creek Board that IDEA requires individualized placement decisions, schools must document maximized supplementary aids and services before more restrictive placement, and recent MDE guidance has prompted targeted ISD audits.
Rob Dietzel, an attorney from Troon Law Firm, told the Harper Creek Board of Education on Dec. 9 that federal special education law requires school teams to place students with disabilities in the “least restrictive environment” to the maximum extent appropriate. Dietzel said the Individuals with Disabilities Education Act and Office for Special Education Programs guidance require IEP teams to show they ‘‘maxed out’’ practical supplementary aids and services before moving a student to a more restrictive setting.
Dietzel outlined three circumstances courts often consider when reviewing a move to a restrictive placement: whether the restrictive setting offers educational benefits that cannot be replicated in general…
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