Episode 66 Addressing Inclusion Confusion following COVID

Lozano Smith Podcast
Join Lozano Smith attorneys Joshua Whiteside, Jennifer Baldassari, and Haley Fagan in a discussion about special education inclusion following a return to in-person schooling post COVID. In this episode they discuss inclusive environments, recent case law, and next steps for the future in this podcast that delves into inclusion and travels through past and present frameworks to better understand inclusion.

Show Notes & References
  • 1:26- What is inclusion?
  • 2:38- The history of inclusion and why it matters
  • 2:54- Individuals with Disabilities Education Act (IDEA)
  • 7:07- Inclusion levels in classrooms
  • 8:40- What an inclusive environment should look like
  • 10:36- Least Restrictive Environment (LRE)
  • 11:38- Rachel H case (Sacramento City Unified School District v. Rachel H. (9th Cir. 1994) F.3d 1405) and the four-factor test
  • 13:08- D.R. (D.R. v. Redondo Beach Unified School District (9th Cir. 2022) 56 F.4th 636) and grade-level standards (Client News Brief 15 - April 2023)
  • 14:57- Why IEP goals are not tied to grade-level standards
  • 20:16- Learning recovery and addressing disparities
  • 23:22- Referrals for inclusion programs
  • 24:10- Shifting focus and Social Emotional Learning (SEL) curriculum
  • 24:52- Next steps for the future of inclusion
  • 26:52- Multi-Tiered System of Supports (MTSS)
  • 28:27- Behavior, discipline, and support for students and teachers in the classroom
  • 35:15- Check-in's and coming back
  • 37:03- Final thoughts
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    As the information contained herein is necessarily general, its application to a particular set of facts and circumstances may vary. For this reason, this News Brief does not constitute legal advice. We recommend that you consult with your counsel prior to acting on the information contained herein.