Chalk and Gavel

30 | Inclusion and Students with Disabilities


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What does the law say about the appropriate placement for students with disabilities? What happens when parents and schools disagree about a student’s IEP? Who's ready for more special education acronyms? We are because today we’re talking about when, under the IDEA, a PPT’s IEP, considering a student’s FBA and ATE, provides FAPE in the LRE. That’s right, we’re going to cover the interesting case of a young student with disabilities whose parents were not too pleased with his school’s determination of how much inclusion in the general education classroom was appropriate. This case wrestles with the messy intersection of parent, school, and student rights, namely how much say schools should have in determining the placement of students with disabilities. How much say should parents have? And how involved should the courts get? Who gets to decide? This is P. ex rel Mr. and Mrs. P. v Newington Board of Education, a case about the Least Restrictive Environment provision in the IDEA. We also discuss some recent Supreme Court updates, including two education related cases the court will not be hearing this term.

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We're building a Teaching Guide! You can check it out at our website, ChalkandGavel.com. We'd also greatly appreciate it if you would consider supporting Chalk and Gavel by becoming a subscriber on Patreon. Your support will help us keep delivering the education law content you want to hear! ⁠https://www.patreon.com/chalkandgavel
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Keywords: Students with Disabilities, Individuals with Disabilities Education Act, Least Restrictive Environment, Inclusion, Due Process

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Chalk and GavelBy Chris Thomas and Jamie Kudlats

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