School districts should use caution and consult with legal counsel before moving the location of services for a special education student, according to a recent client news brief from Lozano Smith Attorneys at Law. This advice centers around an April decision by the U.S. Court of Appeals for the Ninth Circuit in the case R.M. v. Gilbert Unified School District, in which the parents of a special education student in Arizona challenged the district’s decisions to increase the student’s special education instruction by 20 minutes per day and unilaterally move the location of the student’s services from his neighborhood school to a similar program at a different school. While it resulted in the student spending less time in a general education classroom, the Ninth Circuit affirmed the lower court’s analysis that the increased instructional time was appropriate given the student’s academic needs outweigh the need to be in a mainstream environment. The Ninth Circuit also affirmed that because the student’s move was a change of location only, and not a change in placement, the parents’ argument that the education was not occurring in the least restrictive environment did not apply. While the court’s decision is, at first glance, a win for school districts, Lozano Smith cautions against firm reliance on its outcome. While the Ninth Circuit found that a change in placement did not occur, it is difficult to predict whether a similar outcome would result in California. California law defines the phrase “specific educational placement” quite broadly and may restrict a school district’s ability to unilaterally change the location of a student’s special education services, despite the holding in R.M. v. Gilbert Unified School District. California school districts likely have a more nuanced analysis of location changes than the one utilized by the Court in this case. When contemplating whether or not a move from one school site or location to another constitutes a change in placement, school districts should consult with legal counsel. Read this complete news brief at .