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In this Issue:
Least Restrictive Environment (LRE)
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 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.
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.
What kind of extra supports could be provided to ensure the LRE guarantee?
Under the IDEA, Congress provided a list of "related services" – often referred to as "designated instruction and services (DIS)" in California – that may be provided when a student needs extra supports. Congress was careful to write: "This is not an exhaustive list." An IEP team may consider many kinds of supports even if the service is not on a list.
Supports must be individualized to meet the needs of each student with a disability. Examples might be: assistive technology (AT) such as an iPad or books–on–tape; a fellow student to help write and share notes; positive behavior support strategies; tutoring help from a reading specialist; a paraprofessional to aid a student with physical care or social–learning needs; accommodations like extra time to complete assignments, or ramps and elevators; or modifications of the general education curriculum to meet the student's level in each subject area.
Extra supports also foster strong peer relationships in the school community. All students benefit from a strong general education curriculum in natural learning environments, with good communication and social models in pre–school settings, regular classes, and in higher education or in the workforce when transitioning to adulthood. Students without disabilities benefit too by gaining access to extra learning specialists in their classrooms. A regular education teacher is a required member of the IEP team meeting for any student who is, participating in the regular education environment.
Does LRE require extra support in other school activities, not just in the classroom?
Yes, students with disabilities must have an equal opportunity to participate in academic as well as non–academic activities such as after–school clubs, field trips, and teamsports. This holds true for school-sponsored activities and programs that use the public school site, as well. If a student is kept away from these opportunities because of lack of support, then this could be disability–based discrimination. Supplementary supports and services should be considered by the IEP team and provided as needed.
The March 2013 Special EDition will feature these LRE questions in Part Two:
My school seems to limit access to students without disabilities to only at lunch or recess. Is this right?
How is LRE measured?
Can students be taught in more restrictive settings?
How does the state and federal government protect LRE?
If you have specific questions about education and students with disabilities ages 0-22, call your local Parent Training and Information Center (PTI).
Upcoming DREDF Workshops
Registration Is Required. Space Is Limited.Understanding the Special Education Process: IEP Basics & Beyond
FREE! An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month (not offered August or December)
Next Offered: March 11, 2013
Time: 6:00 – 8:30 pm (Pizza included!)
Where: DREDF, Ed Roberts Campus, 3075 Adeline St., Berkeley, CA 94703
Classroom: The Bernard Osher Foundation Education Center, First Floor
Must Register: Contact Annelise at (510) 644-2555 X5227 or mhourani@dredf.orgDREDF Resources Include:
© 2013
Advocacy Tip of the Month:
"If the team agrees a more restrictive setting is appropriate, write a goal that defines how the student will transition back in the future."
Acronyms:
CDE – CA Department of Education
DIS – Designated Instruction and Services
DOE – U.S. Department of Education
FAPE – Free Appropriate Public Education
IDEA – Individuals with Disabilities Education Act
IEP – Individualized Educational Program
Indicator 5 – OSEP State Performance Indicator on LRE
LRE – Least Restrictive Environment
OCR – Office for Civil Rights
OSEP – U.S. Dept. of Education, Office of Special Education Programs
SPP – State Performance Plan
Related Links:
Special Education Rights and Responsibilities (SERR) book
SERR Chapter 7 – Information on LRE (PDF)
NICHCY – Considering LRE (DOE vetted source)
CDE and WestEd – LRE Resources Project
TASH – Frequently Asked Questions about Inclusive Education
Combined Federal Campaign #11944
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CONTACT DREDF:
info@dredf.org
www.dredf.org
3075 Adeline Street, Suite 210
Berkeley, CA 94703
510.644.2555 v
510-841-8645 fax/tty
800-348-4232
Government Affairs Office:
1825 K Street, NW, Suite 600
Washington DC 20006
800-348-4232