Santina is a 7th grade student who has been attending a private parochial school. She has struggled with math and reading. Her parents came to the public school to have her evaluated for special education services. The Team found her eligible as a student with a learning disability and offered an IEP with services addressing her issues in reading and math through various services that Santina would receive in a school resource room and in the classroom for about 1 hour per day. The school members of the Team believe that those services can be provided at the public middle school that Santina would ordinarily attend as a 7th grade student, and they offer that as Santina's placement. The parents would like to send Santina to a private special education school that is near their home. The private special education school would integrate the special education services throughout Santina's day and she would have classmates with similar disabilities, which the parents believe will be a benefit for Santina as she currently feels "out of place" in her current setting with students without disabilities. The private special education day school does not have students without disabilities in attendance. The parents contend that being around similarly situated students will help Santina learn better and gain confidence that she currently lacks in her abilities. The parents' second choice would be for the public school to provide Santina with services at the parochial school she currently attends. The school members of the team disagree with the parents' requests noting that under the Least Restrictive Environment requirements, Santina should attend the public school so that she can be mainstreamed and placed in regular education classes. The school members of the team believe that Santina will benefit from regular classroom instruction and interaction with students that do not have disabilities. They note that there are other students with similar disabilities in the school that Santina can interact with if she chooses and the school can group Santina with these students in various classes if the parents would like to do so. Santina is not disruptive in class and would not have any negative impact on other students.

Caselaw: The federal 11^th circuit follows the Daniel/Greer two-part test for determining compliance with the IDEA's mainstreaming requirement: (1) Can education in the regular classroom, with the use of supplemental aids and services, be achieved satisfactorily? and (2) Has the school mainstreamed the child to the maximum extent appropriate?

Daniel R.R. v. State Board of Education, 874 F.2d 1036, 1045 (5th Cir. 1989)

Greer v. Rome City School Dist, 950 F.2d 688, 696 (11th Cir. 1991)

Problem(s): Based on the caselaw above, apply the relevant facts in the fact pattern to those legal

standards in the answer the following questions:

1. Based on the legal standards for placement and least restrictive environment, should the Team place Santina at the public school, or at the private special education school? Why?

2. If the parents choose to reject the offer of placement at the public school and unilaterally enroll Santina at the private special education school and then seek reimbursement, what requirements will they have to meet, and what will they have to establish or prove, in order to receive reimbursement?

3. If the parents choose to keep Santina at the parochial school, what are the public school's obligations to provide services to Santina, and what rights do Santina and her parents have?