Having trouble reading this email? View it in your browser
In this Issue:
More About Least Restrictive Environment (LRE)
Dear Friends and Family Caregivers,
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 on student needs.
My school seems to separate students with disabilities from their typically developing peers except for nonacademic activities such as lunch or recess. Is that right?
The IEP team has an obligation to protect a student's least restrictive environment, whether the student is in the classroom, at lunch or recess, or engaged in extracurricular activities, and to provide the respective supports and services.The fact that a student with a disability will learn differently within a general education setting does not justify exclusion from that environment. This is why it is essential that the IEP team give meaningful consideration to what supports and services in the least restrictive setting will allow the student to succeed academically. Removing a student with a disability from typically developing peers should not be the IEP team's first option. Students with disabilities do not have to prove they are "ready" for inclusive educational opportunities.
It is possible that a student with a disability may not attend classes in a general education setting. But if a school's students with disabilities are predominately taught in segregated classrooms away from students without disabilities, this may be a violation of Congress' intent to strive to integrate students to the maximum extent appropriate.
When may schools teach students with disabilities in non–general education settings?
The IEP team must always be thinking about how the student with a disability can succeed in less restrictive settings with non–disabled peers, and what supports that environment includes. The IEP team has flexibility to design a program and set of services to meet a student's unique needs.But sometimes, even with extra support, a student may not succeed in the regular classroom. This is why the school district has a responsibility to provide the IEP team with a "continuum" of other placements in more restrictive settings that will make academic progress possible. Settings other than general education must be available when needed so that a student can expect to make meaningful educational progress.
Alternate settings or services may be: resource help or specialized instructors to bring extra support to any setting; special classes; special schools; home instruction or instruction in hospitals; or residential placement. But it is critical that an IEP team first consider or provide extra support in order to protect the student's right to the least restrictive environment. Again, these are decisions that must be based on the individual student's needs.
(Please note that Part Two questions have been revised slightly since they were previewed in Part One.)
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: April 8, 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:
Placement is one of the last decisions made at the IEP meeting—after assessment, goalsetting, and needed services are determined.
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
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:
SERR Chapter 7 LRE (PDF)
Norman Kunc – Professional Development for Schools
I Am Norm – Youth Redefining Normal
Pitonyak, D., The Importance of Belonging (PDF)
Combined Federal Campaign #11944
Support DREDF when you shop.
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