Written by Jessica Holland

Education Attorney licensed in South Carolina

All information is for educational purposes only and does not constitute legal advice. Contact a lawyer before taking action.

WHAT IS THE LEAST RESTRICTIVE ENVIRONMENT?

The IDEA mandates that children with disabilities must be educated in the least restrictive environment to the maximum extent appropriate, meaning they should be educated alongside their nondisabled peers unless the nature or severity of their disability makes it impossible to achieve satisfactory education in a regular classroom, even with supplementary aids and services . R.F. v. Cecil Cty. Pub. Sch., 919 F.3d 237, County Sch. Bd. v. A. L., 194 Fed. Appx. 173. South Carolina law aligns with this principle, requiring that children with disabilities be educated in the least restrictive environment and requires special education services be tailored to their unique needs . S.C. Code Ann. § 59-36-40, S.C. Code Ann. § 59-36-50, S.C. Code Ann. § 59-36-20.

Courts have emphasized that the LRE requirement reflects a strong preference for mainstreaming students with disabilities into general education settings. However, removal from the regular educational environment is permissible only when the child’s disability is so severe that education in regular classes cannot be achieved satisfactorily, even with appropriate supports . R.F. v. Cecil Cty. Pub. Sch., 919 F.3d 237, County Sch. Bd. v. A. L., 194 Fed. Appx. 173. For example, in , R.F. v. Cecil Cty. Pub. Sch., 919 F.3d 237. the court highlighted that the appropriateness of a placement under the IDEA depends on whether it provides the child with a FAPE in light of their unique circumstances . R.F. v. Cecil Cty. Pub. Sch., 919 F.3d 237.

Additionally, procedural safeguards under the IDEA require that any change in placement, such as moving a child to a more restrictive setting, must involve the IEP team, including the child’s parents, and must be based on the child’s specific needs as outlined in their IEP . 20 USCS § 1414, Honig v. Doe, 484 U.S. 305. Arbitrarily placing a child in a restrictive environment without proper evaluation, parental involvement, or consideration of less restrictive alternatives would likely violate these procedural requirements.

In conclusion, while a school may consider a more restrictive placement if necessary to address safety concerns or provide a FAPE, such a decision must be carefully justified, involve the IEP team, and comply with the LRE requirement.

What to Do if the School Proposes Moving Your Child to a More Restrictive Environment

If your child’s school notifies you that they want to change your child’s placement to a more restrictive environment, it is important to act promptly and thoughtfully. Under the Individuals with Disabilities Education Act (IDEA), your child has a right to be educated in the Least Restrictive Environment (LRE)—the setting that allows them to learn and participate alongside nondisabled peers to the maximum extent appropriate. If the school suggests a more restrictive setting, it must be justified, documented, and based on your child’s individual needs—not convenience, staffing issues, or school policy.

Here’s what parents should do:

1. Call a lawyer experienced in special education law.
   An attorney can help you understand whether the proposed change complies with LRE requirements, protect your procedural rights, and guide you through the next steps. Involve a lawyer quickly as these meetings are typically scheduled within days. If you are in South Carolina, schedule a consultation with Jessica Holland Law as quickly as possible.

2. Request written documentation from the school.
   Ask for the data, evaluations, observations, or incident reports the school relied on to recommend the change. Under IDEA, decisions must be based on individualized evidence—not assumptions, staffing issues, or general program limitations.

3. Request an IEP meeting in writing.
   You are entitled to discuss the proposed placement, review the rationale, and explore less restrictive alternatives first. Ask that a discussion of supplementary aids, services, and supports be placed on the agenda.

4. Ask whether all supports have been tried—and documented.
   Before moving to a more restrictive setting, the school must attempt meaningful interventions, accommodations, behavior supports, and services within the current placement. Even if these are outlined in your child’s IEP, make sure the supports and accommodations are actually being provided. Ask for data taken to support the failure of those supports.

5. Emphasize your child’s right to LRE.
   Ask the team to explain how the proposed placement meets LRE requirements and why your child cannot be satisfactorily educated in the current or a less restrictive setting with appropriate supports.

6. Take time to review any proposed change.
   You do not have to agree immediately. You can take the draft IEP or placement proposal home, review it, consult with an attorney or advocate, and request to postpone the meeting until you have an attorney in place.

7. Document everything.
   Keep copies of emails, meeting notes, communication logs, and documents provided by the school. Written records are critical if the dispute progresses.

Contact Jessica Holland Law today to discuss your child’s case.