Placement Decisions andLeast Restrictive Environment

Special Education Laws Made Simple

November 2013 – Austin, Texas National Business Institute

Presented bySarah S. Flournoy, J.D., Ed.D.

Of Counsel, West & Associates, LLP

FAPE

• Free and Appropriate Public Education• Individuals with Disabilities Education Act– Qualify for federal funds– Constitutional right

• Not the same education for all students• Definition intentionally flexible and broad

LRE, Mainstreaming and Inclusion

• With nondisabled peers to maximum extent• Deviation if “nature or severity” of disability

prevent education in general classroom• Preference referred to as mainstreaming or

inclusion

Continuum of Alternative Placements

Placement Decision Requirements

• Part of IEP• Determined by ARD Committee• Start at left and work to the right as necessary• Little different for visually and auditory

Factors That Can and Cannot be Considered

• Consider– Potential harmful effect – Quality of services– Impact on attainment of goals

• Not Consider– Necessity of modifying general curriculum– Disability (as opposed to impact of disability)

Predetermining Placement

• Do not do!• Usurps ARD committee• Not individualized• Parents prevented from participating

Private Schools

• Two scenarios– Parents voluntarily place there– LEA cannot provide services necessary to ensure

FAPE• LEA responsible for– Locating– Providing services to– tracking

Private Schools

• Two Part Test1. School district’s placement pursuant to IEP

inappropriate; and,2. Private placement desired by parents

appropriate.• LEA FAPE does not need to exceed private

school to be adequate

Change in PlacementProcedures

• By ARD committee as part of IEP• Parents may request ARD mtg to discuss• 10 or more cumulative days• TEA Methods to Resolve Disputes– TEA Investigation– Mediation– Due Process Hearing

Change in PlacementReview of Placement Decisions

& “Stay-Put”

• Reviewed – At least annually– Disciplinary issues may force earlier review

• Student “stay-put” while placement is being reviewed• Gave rise to dangerousness exclusion– SC in 1988

• No such exclusion where manifestation of disability• 10 day cooling off period okay

– 1997 Amendments to IDEA• Only 3 reasons why student can be unilaterally moved

Questions?

Sarah S. Flournoy, J.D., Ed.D.Of Counsel, West & Associates, LLP320 South R. L. Thornton Frwy, Suite 300Dallas, Texas 75203Sarah.f@westllp.com214.941.1881