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PLANO ISD PREVAILS IN LRE DISPUTE BEFORE 5TH CIRCUIT
Friday, May 28, 2010 — Legal Digest
The 5th Circuit Court of Appeals has confirmed that public schools are the preferred setting for students with disabilities, including those in preschool. This issue has surfaced a great deal in recent years as some parents have argued that a private preschool offers a less restrictive environment. In R.H. v. Plano ISD, the court flatly rejects that argument:
The IDEA, however, makes removal to a private school placement the exception, not the default. The statute was designed primarily to bring disabled students into the public educational system and ensure them a free appropriate public education. Courts should therefore be cautious before holding that a school district is required to place a child outside the available range of public options.
There was nothing in the record of this case to cause the court to move from that “default” position. The ARD records clearly indicated that the Committee considered all alternatives, including the private preschool, but based its decision on the needs of the child as reflected by the IEP:
The picture that emerges from the due process hearing is of an ARD committee marshalling a range of resources and services to ensure R.H. a free appropriate public education.
This case provides an important clarification of the law pertaining to the LRE (Least Restrictive Environment) component of a FAPE (Free Appropriate Public Education). Look for a more complete summary of the case in the next issue of the Texas School Administrators’ Legal Digest.
To view the 5th Circuit opinion, click the link below
5th Circuit opinion: RH vs. Plano ISD
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There were 52 court cases or hearing officer decisions reported by the Texas School Administrators' Legal Digest in 2009. This handy but comprehensive reference manual provides a detailed summary of each decision, with commentary from attorney Jim Walsh emphasizing the practical application of many of these cases.
