Least Restrictive Environment

Introduction

• “We are concerned that children with handicapping conditions be educated in the most normal possible and least restrictive setting, for how else will they adapt to the world beyond the educational environment, and how else will the non-handicapped adapt to them?” (Senator Robert Stafford 1974)

Introduction

• A student with disabilities has a right to be educated with students in the general education environment

• The less a placement resembles the general education environment, the more restrictive it is considered

• Appropriateness- education that will provide meaningful benefit for a student

LRE, Mainstreaming and Inclusion

• These are not synonymous terms• LRE- refers to IDEA’s mandate that

students with disabilities should be educated to the maximum extent appropriate with peers without disabilities (it is not a setting)

• Inclusion and mainstreaming used interchangeably by the courts

LRE Mandate

• Two parts: presumptive right of all students with disabilities to be educated with students without disabilities (good faith effort)

• It is only when an appropriate education cannot be provided, even with supplementary aids and services, that students with disabilities may be placed in more restrictive settings

• States are required to fully inform educators about the requirements of the LRE and provide training to assist their effort

Continuum of Alternative Placements

• Require districts to have a range of alternative placement options

• Purpose- allow a “choice” for determining LRE

• If local district is unable to provide the appropriate placement, the state may bear the responsibility

Continuum of Alternative Placements

• A school district may not refuse to place a child in an LRE because it lacks the appropriate placement options

• Continuum of placements “are to be available to the extent necessary to implement the IEP

• IEP team determines placement (meaningful education)

Related Factors- Neighborhood School

• Unless the IEP requires otherwise, educated in school they would attend if they were not in special education

• IDEA- placed as close to home as possible• Neighborhood school is not a right- IEP team

may choose a placement in a school that will provide an appropriate education

Nonacademic Programming

• LRE requirements extend to nonacademic settings

• Peer Interests- behavior so disruptive in a regular classroom that the education of other students is significantly impaired, the needs of the student with disabilities cannot be met in that environment

Judicial Standards

• No Supreme Court decision• Holland four part test (9th Circuit): Ed.

Benefits of the general ed. Classroom with SAS as compared with special classroom, cost, nonacademic benefits, effect on teaching and learning of others (page 260)

• Clyde K.- district put forth a “good faith effort”• * Ryan’s experience offers a poignant

reminder that everyone’s interests are better served when parents and school officials resolve their differences through cooperation and compromise rather than litigation

Burden of Proof

• School districts’ actions will be closely scrutinized when they place students with disabilities in more restrictive settings

Standards For Determining The LRE

• Individualized- IEP determines LRE setting (by examining students’ needs and determining goals)

• Placement decisions made on an individual basis (no blanket policies)

• Greer and Oberti- no proof by districts as to inappropriateness of the general education classroom

• Daniel, Hartmann and Clyde K.- districts had substantial documentation of a number of efforts to maintain the students in the general ed. classroom

Standards For Determining The LRE

• Benefits to the student- should include both academic and non-academic benefits

• Effects on peers- document with supplementary aids and services

• Appropriate education- FAPE and “maximum extent appropriate”

• FAPE takes precedent over LRE

Standards For Determining The LRE

• Integration- good faith efforts to integrate

• Supplementary aids and services- clearly important (attempt vs. considered)

• Clearly “reasonable likelihood” can receive a FAPE with SAS in general ed.- must be attempted