Alas, poor LRE (least restrictive environment)! We knew thee well—until staffing shortages drove the plot off course. In this tale, Miami-Dade Cnty. Sch. Bd., 125 LRP 9104 (SEA FL 2025), a district’s staffing decision led to a drastic change in a student’s special education placement—despite no change in the student’s needs. The outcome? A cautionary tale regarding violating the IDEA’s least restrictive environment (LRE) requirements.
The student, who was verified under SLD and had a medical diagnosis of ADHD, had consistently received part-time instruction in a resource room due to his academic and attentional challenges. The April IEP team meeting reaffirmed the need for this setting—half his day in a resource room, the other half in general education.
Come August, when the student’s mother dropped off school supplies, the principal informed her that the resource room would no longer be staffed. The IEP team reconvened and switched the student to a full-time general education placement, staffed by a teacher with special education certification, with push-in support.
The Administrative Law Judge made it clear: “At the beginning of the next school year, with no change in the student's needs or key data, the school-based members of the IEP team concluded that, based on a staffing decision, the student's placement would change to 100% of his school day spent in a general education class. They reached this conclusion despite there being no change in his disabilities or unique needs. As a result, the change in placement was not tailored to meet his special needs.”
Key Takeaways:
Staffing issues, no matter how real, cannot form the basis of placement decisions. The rationale for decisions must be tied back to the individual needs of the student.
Be mindful of both the timing and location of discussions. Here, the parent was likely caught off guard by the sudden flip in placement and how it was communicated, which partially contributed to this dispute.
If, as the school year dawns, thou art met with staffing woes that cloud the path of special education, let not uncertainty reign—our counsel standeth ready at ksb@ksbschoollaw.com.