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Presented by Sarah S. Flournoy , J.D., Ed.D . Of Counsel, West & Associates, LLP

Placement Decisions and Least Restrictive Environment Special Education Laws Made Simple November 2013 – Austin, Texas National Business Institute. Presented by Sarah S. Flournoy , J.D., Ed.D . Of Counsel, West & Associates, LLP. FAPE. Free and Appropriate Public Education

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Presented by Sarah S. Flournoy , J.D., Ed.D . Of Counsel, West & Associates, LLP

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  1. Placement Decisions andLeast Restrictive EnvironmentSpecial Education Laws Made SimpleNovember 2013 – Austin, Texas National Business Institute Presented by Sarah S. Flournoy, J.D., Ed.D. Of Counsel, West & Associates, LLP

  2. 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

  3. 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

  4. Continuum of Alternative Placements

  5. 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

  6. 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)

  7. Predetermining Placement • Do not do! • Usurps ARD committee • Not individualized • Parents prevented from participating

  8. Private Schools • Two scenarios • Parents voluntarily place there • LEA cannot provide services necessary to ensure FAPE • LEA responsible for • Locating • Providing services to • tracking

  9. Private Schools • Two Part Test • School district’s placement pursuant to IEP inappropriate; and, • Private placement desired by parents appropriate. • LEA FAPE does not need to exceed private school to be adequate

  10. 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

  11. 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

  12. Questions? Sarah S. Flournoy, J.D., Ed.D. Of Counsel, West & Associates, LLP 320 South R. L. Thornton Frwy, Suite 300 Dallas, Texas 75203 Sarah.f@westllp.com 214.941.1881

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