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Special Education Law and Advocacy

Experienced Special Education Attorneys

LRE Run Amok In Evanston Illinois

I am a strong proponent of inclusion and that students should being educated in the least restrictive environment ("LRE"). LRE is a central pillar of IDEA. Nevertheless it needs to considered in the context of the individualized needs of the child and most importantly what is appropriate for the student. In fact the law in Illinois is that the first line of inquiry in making placement decisions is first decisions on appropriateness and then and only after that determination considerations of LRE.

Districts tend to argue LRE when it suits their end goal, or FAPE when that works best for them, even though they are not legally interchangeable. In the Beth B. case the 7th Circuit ruled that it made no sense to place a child in an inappropriate LRE. 

Evanston School District #65 is closing Park School that has been open for many years and serves students with severe needs, many of whom have not been successful in other less restrictive settings. The ostensible justification for the closing of Park School is in the name of LRE without any consideration for the individual needs of the students or the appropriateness of more inclusion for these students.

I have had many cases in Evanston #65. In fact there are few districts that I have represented more families; and, not because they are doing well. Outside of Chicago Public Schools, Evanston School District has frequently shown an inability to deliver effective special education services (with some exceptions). This district has been in a state of rolling crisis for years. One of the few bright spots for some students has been Park School. I have even had families from outside of Evanston seek to be tuitioned-in to Park because their needs could not be met anywhere else.

In the name of LRE the district is now going to close Park School. That explanation is a flimsy pretense at best. This move is about saving money and consolidating staff. The interests of the students who have thrived at Park are not in the equation at all.

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