The U.S. Court of Appeals for the Second Circuit has held that the provisions in the Individuals with Disabilities Education Act (IDEA) for services in the Least Restrictive Environment (LRE) apply to extended school year, (ESY) services.
The case involves a 9-year-old New York State student with autism who required a 12-month educational program in order to prevent regression. The boy had attended several private schools from the time he was in preschool until he entered the public school at age 5. In each of these settings, he was educated in general education classes with non-disabled peers, and also receives special education services through private providers funded by the school district.
While all parties agreed that the boy needed ESY services in order to prevent regression, the district proposed placement in a special education classroom – a program that the boy’s parents felt was too restrictive – They unilaterally placed him in a private school where he would be educated with non-disabled peers.
The hearing officer found that all parties agreed that the boy was able to achieve a satisfactory education in a regular classroom with the use of supplementary aids and services and found that “the absence of an approved in-district setting did not negate a student’s right to be educated in the LRE.”
Click here to read the decision.
