At the center of this litigation is D.R., an elementary school student with autism, who had been making “undisputed progress” in the general education classroom. Despite his parents’ advocacy for D.R. to remain in his current program with typically developing peers, the elementary school (in the Redondo Beach Unified School District) insisted that D.R. belonged in a segregated and highly restrictive special day class with virtually no meaningful access to typically developing peers. D.R. and his parents appealed to the Office of Administrative Hearings and then to the federal district court, which both ruled in favor of the school district. The case was then appealed to the ninth circuit.

On March 3, 2022, YELP filed an amicus brief on behalf of amici The Arc of the United States, The Bazelon Center for Mental Health Law, the National Disability Rights Network and the Native American Disability Law Center, in support of the appellants. The brief argues that the ALJ and District Court erred by:

1. reversing the IDEA’s presumption of inclusion;
2. denying access to general education for children with disabilities performing below grade level; and
3. ignoring decades of advancements in inclusive education.

As we argued in our brief, if allowed to stand, the district court decision will do untold damage to the LRE standard, depriving not just D.R. but countless students of their right to an inclusive education.

The case resulted in an extremely strong decision from the ninth circuit in December, 2022, affirming students’ right to be educated in the least restrictive environment, with their non-disabled peers, even when that requires significant additional supports and services. This decision is incredibly valuable to advocates fighting for their client’s right to inclusive education.

Student Team: Bruce Easop (JD ’22), Tess Bissel (JD ’23) and Yi Li (JD ’23)