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The GAP Attorneys Blog

Meeting the needs of people with disabilities, their families, educators & service providers

Posts Tagged ‘Least Restrictive Environment/LRE’

District can be held responsible for private school tuition when it fails to consider an inclusion setting with a 1:1 aide

Monday, April 15th, 2013

G.B. and L.B. ex rel. N.B. v. Tuxedo Union Free Sch. Dist., 60 IDELR 2 (2d Cir. 2012)—the Second Circuit Court of Appeals affirmed a lower court’s decision that a school district denied FAPE to a student with pervasive developmental disorder by offering an overly restrictive placement. Thus, the Federal Court upheld the parent’s entitlement to tuition reimbursement for the child’s private inclusion preschool program. The school district should have considered whether the child could participate in an inclusion classroom with the help of a 1:1 aide. NOTE: this decision has not been released for publication in official or permanent law reports, per court order. To view the blog posting regarding the lower court case, see N.B. v. Tuxedo Union Free Sch. Dist., 55 IDELR 228 (S.D.N.Y. 2010), posted on April 28, 2011.

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Least Restrictive Environment still applies when IEP team assigns Work Placements as part of Student’s Transition Program

Monday, December 17th, 2012

Letter to Spitzer-Resnick, Swedeen, and Pugh, 59 IDELR 230 (OSEP 2012): In a response to questions posed by school district members, the Office of Special Education Programs stated that the least restrictive environment (LRE) requirement applies to a student’s transition-related work placement. Although segregated employment is not prohibited, LRE is such a fundamental requirement that the IEP team must determine whether it is necessary to place a student in a segregated work program. The work placement may not be more restrictive than necessary to meet the student’s educational goals. The IEP must consider whether the student could work in an environment with nondisabled individuals. Further, if the work placement is part of the child’s IEP, the parents are entitled to prior notice before a change in the student’s work placement is made. When the work placement is part of the IEP, the IEP team must consider and the IEP include, as appropriate, any supplementary service and/or aides to allow the child to actively participate in the work placement.

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