August 23, 2019

Episode 27: What Is Least Restrictive Environment? What the Courts Say

44 minutes

Host Sloan Simmons talks to Lozano Smith’s Special Education Practice Group Leader Marcy Gutierrez and special education litigator Kristy Boyes about the challenges schools face in providing the least restrictive environment (LRE) to students with special needs, and what guidance we can glean from federal law as enunciated by the Ninth Circuit, including in the 2019 case of Solorio v. Clovis Unified School District (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, which was litigated by Sloan and Kristy before the district court and Ninth Circuit.

Show Notes & References

1:42 LRE (Least Restrictive Environment) – 20 U.S.C. § 1412(a)(5); 34 C.F.R. § 300.114; 34 C.F.R. § 300.115

2:50 IDEA (Individual with Disabilities Education Act) – 20 U.S.C. § 1400 et seq.

7:34 Sacramento City Unified Sch. Dist. v. Rachel H. (9th Cir. 1994) 14 F.3d 1398

11:05 Poolaw v. Bishop (9th Cir. 1995) 567 F.3d 830

20:12 K.M. v. Tehachapi Unified Sch. Dist. (E.D. Cal. Apr. 5, 2017) Case No. 1:15-cv-001835 LJO JLT, 2017 WL 1348807

23:02 Solorio v. Clovis Unified Sch. Dist. (J.S.) (9th Cir. Jan. 15, 2019) Case No. 17-16625, 748 Fed.Appx. 146

32:47 R.M. by and through S.M. v. Gilbert Unified Sch. Dist. (9th Cir. Apr. 24, 2019) Case No. 17-16722, 768 Fed.Appx. 720

34:45 Baquerizo v. Garden Grove Unified Sch. Dist. (9th Cir. 2016) 826 F.3d 1179

For more information on the topics discussed in this podcast, please visit our website at: www.lozanosmith.com/podcast.

Disclaimer: As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this podcast episode does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.

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