United States Second Circuit

Final judgment granting defendant's motion for summary judgment and affirming the decision of an administrative hearing officer that the plaintiff elementary-school student's Individualized Education Plan for the 2005-2006 academic year complied with the requirement under the Individuals with Disabilities Education Act is affirmed where determining whether a student has been placed in the "least restrictive environment" requires a flexible, fact-specific analysis, considering whether, with the aid of appropriate supplemental aids and services, education in the regular classroom may be achieved, and if not, whether the school has included the student in regular classes, programs, and activities to the maximum extent appropriate.

Appellate Information

• Decided 10/09/2008
• Published 10/09/2008

Judges

Court

• United States Second Circuit

Counsel