Special EDition: March 2013 - Least Restrictive Environment (LRE), Part 2

From Disability Rights Education & Defense Fund (DREDF)

This month's Special EDition is the second of a two–part discussion about the principle of least restrictive environment (LRE). If a student with a disability qualifies for specialized instruction and services (special education) under the Individuals with Disabilities Education Act (IDEA), the student must receive a free appropriate public education (FAPE) in the least restrictive environment.

As discussed in Least Restrictive Environment (LRE), Part 1, LRE requires the school district to ensure that:

To the maximum extent appropriate, children with disabilities are educated with children who do not have disabilities; and

Special classes, separate schooling, or other removal of students with disabilities from regular education happens only if the student's disability is so significant that education in regular classes, even with the use of additional aids and services, cannot be achieved satisfactorily.

How is LRE measured?
Each IEP must state the extent to which the student with a disability will not participate with nondisabled peers in the regular class, and in extracurricular and nonacademic activities. This is written as percentage removed from regular class settings.

The IEP must also provide a written explanation of what placement options were considered and the reasons for rejecting these placements other than the regular classroom. The IEP must state why the student's disability prevents his needs from being met in the regular classroom, even with the use of extra supports and services. Federal and state policy forbid placing a student in a segregated setting over a general education setting if the placement decision is not based onstudent needs.

Read more HERE.

Disability Rights Education and Defense Fund - February 2013 Newsletter

Dear Friends and Family Caregivers,

This month's Special EDition is the first of a two–part discussion about the principle of least restrictive environment (LRE). If a student with a disability qualifies for specialized instruction and services (special education) under the Individuals with Disabilities Education Act (IDEA), the student must receive a free appropriate public education (FAPE) in the least restrictive environment.

What is the Least Restrictive Environment (LRE)?

The school district must ensure that:

• To the maximum extent appropriate, children with disabilities are educated with children who do not have disabilities; and
• Special classes, separate schooling, or other removal of students with disabilities from regular education happensonly if the student's disability is so significant that education in regular classes, even with the use of additional aids and services, cannot be achieved satisfactorily.

What learning environment is the IEP team supposed to consider first?

The regular education classroom is the first placement the Individualized Education Program (IEP) team must consider. An IEP team, which must include parents, thinks about where a student will be educated, asks: What can we provide so that this student can learn in regular education classes?
The team must consider what "supplementary aids and services"(extra supports) will allow each student, as an individual, to make educational progress with peers at school who do not have disabilities.

Read more HERE.

Individuals with Disabilities Education Act of 2004

From the Special Education Advisor

What is IDEA 2004?

IDEA 2004 stands for “Individuals with Disabilities Education Act of 2004”. This law was established to make sure children with disabilities have access to public education with the assistance of services. These services enable the child to continue their education in order to prepare them for life as an adult. As a result of this law, children with disabilities are given the opportunity to receive intervention services related to their disability to help them access the public school curriculum.

Click here: if you want information on how to prepare for an IEP meeting.

What is the Purpose of the law?

“(A) to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment and independent living 1400 (d)(1)(A)”.

Why an appropriate education and not the best education?

Parents always want the best for their children but in the case of IDEA 2004 “Best” is a four letter word. Be cautious when discussing your child’s educational needs from using terms like “I want what’s best for my child” or “I just want the best possible education”. The law is very specific in that it only requires an appropriate education and not the best education. (refer to purpose of the law for review)

Read complete article HERE.

Siblings and the Least Restrictive Environment

The least restrictive environment requirements of IDEA  provide for students to attend their home school, or school of residence, whenever possible. When not possible, districts are guided to place students as close to home as possible in order to maintain social networks within the community for the family and the student. 

Recently, I came across an issue related to least restrictive environment that is not covered in the Ed Codes. My child with special needs is placed in a school across town. We love the placement and don't mind the extra travel time; it is so worth it! We asked for our child's two younger sisters to be transferred into the same school so they could, like typical siblings, all attend together. 

The results for our kids have been great! They play together at lunch and recess, share friends, and my typically developing child has friends who, while they do not have siblings with special needs themselves, know us, my younger child's sibling and are better able to understand my children when they share the joys, frustrations and even fears of living with a sibling with a progressive disease. 

Unfortunately, the district can move our other two children back to their home school, where they have no friends and have no history or experience. I think the district should treat the school of placement as the home school, and allow siblings of students with special needs to stay together if the family chooses. 

What do you think? Let us know and we will share your ideas with the board!

Gina Hale