Hard-of-Hearing Preschooler Wins: District's Special Ed Class Wasn't LRE

A four-year-old hard-of-hearing girl with cochlear implants was placed by Redlands Unified in an all-IEP special education preschool (RSEED) rather than a regular education classroom with typically developing peers. The ALJ found this violated the least restrictive environment requirement because OSEP defines a regular preschool as one with at least 50% non-disabled children without IEPs — and every single student in RSEED had an IEP. The district was ordered to reimburse parents $3,697 in Montessori tuition and to reconvene an IEP meeting to offer an LRE-compliant placement.

What Happened

Student is a four-year-old girl who was born with profound hearing loss in both ears. She received cochlear implants at 13 months and 22 months of age, and the results were remarkable. By the time of the disputed IEP, Student communicated entirely through spoken English, performed at or above her chronological age level academically, and had no significant language delays — only mild articulation difficulties with certain consonant sounds. She had been receiving auditory-verbal therapy (AVT) since infancy, a method that emphasizes spoken language and full inclusion with typical peers.

When Student turned three and entered the District's special education system, a dispute arose almost immediately. After a prior settlement agreement, Student began attending the District's RSEED program — the Redlands Special Education Early Development preschool — in December 2011. At the May 21, 2012 annual IEP meeting for the upcoming 2012-2013 school year, Parents asked the District to place Student in a regular education preschool with typically developing peers. The District refused to discuss private school options and again offered RSEED. Parents rejected the IEP, enrolled Student at a private Montessori school in August 2012, and filed for due process.

What the District Did Wrong

The ALJ found that RSEED was not a regular education classroom and that placing Student there denied her a free appropriate public education (FAPE) by failing to offer the least restrictive environment (LRE).

The District tried to argue that RSEED was a regular education class because some of its students did not receive "specially designed academic instruction" (SAI) in their IEPs and received grade-level curriculum. The ALJ rejected this completely. RSEED stands for Redlands Special Education Early Development — a special day class (SDC). Every single one of the 14 students in RSEED had an IEP, both in the year Student attended and the year the disputed IEP covered. Federal guidance (from the Office of Special Education Programs, or OSEP) is clear: a regular preschool must have at least 50% of children who do not have IEPs. RSEED had zero. The District's own witnesses — including Student's classroom teacher and the district's speech-language pathologist — agreed that Student could and should have been educated in a regular education classroom. Even the District's coordinator admitted this while simultaneously insisting RSEED qualified as one.

The ALJ also found no violation regarding Student's preferred mode of communication. Parents argued that RSEED used sign language (ASL), which conflicted with Student's oral-only communication approach. However, the evidence showed that RSEED used oral communication as its primary modality; the teacher only used basic hand signs as part of a standard alphabet curriculum used in regular preschools too. This claim was denied.

Similarly, the ALJ found the IEP's goals and related services — including speech therapy and deaf/hard-of-hearing consultative services — were appropriate and supported by Student's own expert witnesses.

What Was Ordered

The District must reimburse Parents $3,697 for Montessori tuition from August through December 2012 (the $2,113 already paid plus $792 per month for November and December 2012).
The District must reconvene an IEP meeting within 30 days of the decision to offer Student a placement in the least restrictive environment.
Student's requests for compensatory education, transportation costs, and document production were denied.

Why This Matters for Parents

A classroom full of IEP students is never a "regular education" classroom, no matter what the district calls it. Federal guidance is explicit: a regular preschool must have at least 50% of children without IEPs. If your child's "inclusion" setting is populated entirely — or even mostly — by students with disabilities, the district cannot legally call it a general education placement. Ask directly: what percentage of students in this classroom do not have IEPs?
A district that does not operate regular preschools still has an LRE obligation. When a district lacks its own general education preschool, federal law allows it to meet its LRE duty by placing a child in a state preschool, Head Start, or a private preschool program with typical peers — at no cost to the family. The District's failure to offer any of these alternatives was the core FAPE violation here.
Parents can be reimbursed for a private school placement even if that school doesn't provide every special education service on the IEP. Student's Montessori school did not provide speech or DHH services. The ALJ still ordered reimbursement because Student received meaningful educational benefit there. The private placement does not have to be perfect — it just has to be appropriate and provide educational benefit.
Even your child's own service providers can be your best witnesses on placement. In this case, every single person who knew Student — including the District's own speech therapist, classroom teacher, and the expert hired by the family — agreed Student belonged in a regular education preschool. When the evidence is that lopsided, document it. Put your independent providers' opinions in writing before the IEP meeting so the record is clear if you need to file a complaint later.

What Happened

What the District Did Wrong

What Was Ordered

The District must reimburse Parents $3,697 for Montessori tuition from August through December 2012 (the $2,113 already paid plus $792 per month for November and December 2012).
The District must reconvene an IEP meeting within 30 days of the decision to offer Student a placement in the least restrictive environment.
Student's requests for compensatory education, transportation costs, and document production were denied.

Why This Matters for Parents

A classroom full of IEP students is never a "regular education" classroom, no matter what the district calls it. Federal guidance is explicit: a regular preschool must have at least 50% of children without IEPs. If your child's "inclusion" setting is populated entirely — or even mostly — by students with disabilities, the district cannot legally call it a general education placement. Ask directly: what percentage of students in this classroom do not have IEPs?
A district that does not operate regular preschools still has an LRE obligation. When a district lacks its own general education preschool, federal law allows it to meet its LRE duty by placing a child in a state preschool, Head Start, or a private preschool program with typical peers — at no cost to the family. The District's failure to offer any of these alternatives was the core FAPE violation here.
Parents can be reimbursed for a private school placement even if that school doesn't provide every special education service on the IEP. Student's Montessori school did not provide speech or DHH services. The ALJ still ordered reimbursement because Student received meaningful educational benefit there. The private placement does not have to be perfect — it just has to be appropriate and provide educational benefit.
Even your child's own service providers can be your best witnesses on placement. In this case, every single person who knew Student — including the District's own speech therapist, classroom teacher, and the expert hired by the family — agreed Student belonged in a regular education preschool. When the evidence is that lopsided, document it. Put your independent providers' opinions in writing before the IEP meeting so the record is clear if you need to file a complaint later.