Tuesday, August 28, 2012
3rd Circuit holds that N.J. District did not violate IDEA when student’s IEP did not provide for interaction with non-disabled peers
L.G. & E.G. ex rel. E.G. v. Fair Lawn Bd. of Educ., ___F.3d____(3d Cir. June 28, 2012), is an interesting special education case. The 3rd Circuit held that the Districtdid not violate the least restrictive environment (LRE) requirement of the Individuals with Disabilities Education Act (IDEA) when it developed an individualized education plan (IEP) that placed a disabled student in a class with other students with the same disability, and did not provide for interaction with non-disabled peers. The Third Circuit panel agreed with the district court that the IDEA does not require inclusion of students with disabilities in interactions with non-disabled students if the child would not benefit from a less restrictive environment or gain from being around peers modeling appropriate behaviors.
Mitchell H. Rubinstein