Circuit Clarifies Key Part of Disabilities Education Act

, New York Law Journal

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A key provision of the Individuals with Disabilities Education Act—that school districts place special-needs children in the "least-restrictive environment"—applies to extended school-year placements for children who require 12-month programs, a federal appeals court has ruled.

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  • What a disgrace. This decision mandates either that a program MUST be created for this one child and if not, the parents get to send him where ever THEY decide and then bill the school district for it. The least restrictive environment concept has been stood on its head. As there are no main stream classes over the summer, the child should get the best the district can offer, period. In any event, the notion that mainstreaming all autistic kids is always a more educationally sound option than placing them in a self contained, small group special-ed setting is a canard. Terrible decision!!!

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