September 11, 2023

Episode 66 Addressing Inclusion Confusion Following COVID

38 minutes

Join Lozano Smith attorneys Joshua Whiteside, Jennifer Baldassari, and Haley Fagan in a discussion about special education inclusion following a return to in-person schooling post-COVID. In this episode they discuss inclusive environments, recent case law, and next steps for the future. Listen as they delve into inclusion and travel through past and present frameworks to better understand this complex topic.

Show Notes & References

1:26 – What is inclusion?

2:38 – The history of inclusion and why it matters

2:54 – Individuals with Disabilities Education Act (IDEA)

7:07 – Inclusion levels in classrooms

8:40 – What an inclusive environment should look like

10:36 – Least Restrictive Environment (LRE)

11:38 – Rachel H. (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405) and the four-factor test

13:08 – D.R. (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) and grade-level standards (Client News Brief 15 – April 2023)

18:40 – Learning recovery and addressing disparities

21:45 – Referrals for inclusion programs

22:32 – Social Emotional Learning (SEL) curriculum

23:15 – Next steps for the future

25:14 – Multi-Tiered System of Supports (MTSS)

26:48 – Behavior, discipline, and support for students and teachers in the classroom

33:38 – Check-in’s and coming back

35:26 – Final thoughts

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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