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Original: 01/2000 Updated: 06/2012
Least Restrictive Environment
LRE
Information Disclaimer
The purpose of the information packet is to provide individuals with reader friendly information. We believe that a good overview is a realistic one. For this reason we have included a variety of information that may include the more difficult characteristics of a diagnosis or topic along with medical, educational and best practice information.
All information contained in this packet is for general knowledge, personal education and enrichment purposes. It is not intended to be a substitute for professional advice. For specific advice, diagnosis and treatment you should consult with a qualified professional.
When this packet was developed, Maine Parent Federation made every effort to ensure that the information contained in this packet was accurate, current and reliable. Packets are reviewed and updated periodically as changes occur.
09/2011
Disclaimer
The contents of this Information Packet was developed under a grant from the US Department of Education, #H328M110002. However, those contents do not necessarily represent the policy of the US Department of Education, and you should not assume endorsement by the Federal Government. Project Officer, Marsha Goldberg.
Table of Content
Page #
Considering LRE in Placement Decisions 3
Supplementary Aids and Services 9
Questions and Answers on Least Restrictive
Environment (LRE) Requirements of the IDEA 14
State Resources 21
National Resources 22
Considering LRE in Placement Decisions
Used with permission by: The National Dissemination Center for Children with Disabilities Website: NICHCY
Website Address: www.nichcy.org
Least restrictive environment, or LRE as it is more commonly called, is one of several vital components in the development of a child’s IEP and plays a critical role, influencing wherea child spends his or her time at school, how services are provided, and the relationships the child develops within the school and community. Indeed, LRE is a foundational element in building an appropriate IEP that can improve outcomes for a child—in school and in life.
Summarizing LRE
In basic terms, LRE refers to the setting where a child with a disability can receive an appropriate education designed to meet his or her educational needs, alongside peers without disabilities to the maximum extent appropriate. As the Department explained in the Analysis of Comments and Changes to the final Part B regulations in the Federal Register:
The LRE requirements in §§300.114 through 300.117 express a strong preference, not a mandate, for educating children with disabilities in regular classes alongside their peers without disabilities. (71 Fed. Reg. 46585) LRE has been a part of federal special education law from its inception in 1975. LRE’s basic statutory provision has remained intact for the past 30 years.
The Core of IDEA’s LRE Provisions
IDEA’s LRE provisions are found at §§300.114 through 300.117. We’ll be looking at these throughout this discussion. To begin, though, let’s look at the core of what IDEA requires.
Each public agency must ensure that—
(i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and
(ii) Special classes, separate schooling, or other removal of children with disabilities from the regular
educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [§300.114(a]
Key Terms in LRE
The core of IDEA’s LRE provisions contains many key terms and phrases that, together, reveal the law’s strong preference for where children with disabilities are to be educated: the regular educational environment.
• Special classes • Separate schooling
• Other removal from the regular educational environment • Occurs only if…
Since its earliest days, the law has displayed a strong preference for children with disabilities to be educated alongside their peers without disabilities, to the maximum extent appropriate. It recognizes that, in many cases,
supplementary aids and services must be provided to a child with a disability to enable him or her to be educated in the general education classroom. Supplementary aids and services can play a pivotal role in supporting the education of individual children with disabilities in the regular educational environment. Simply put, removal of a child with disabilities from the regular education class may occur only if the child cannot be satisfactorily educated in the regular educational environment with the use of supplementary aids and services.
Considering the Meaning of “Regular Educational Environment”
The use of the term “regular educational environment” is longstanding in IDEA’s regulations. In response to a public comment on the scope of the LRE provision, the Department explained that the term “encompasses regular classrooms and other settings in schools such as lunchrooms and playgrounds in which children without disabilities participate” (71 Fed. Reg. 46585).
The settings in a school where children without disabilities participate are many and varied; all are considered part of the “regular educational environment.”
Considering the Meaning of “Satisfactorily Educated”
There isn’t a specific standard or level established within IDEA for determining what it means for the education of a child with a disability to be “achieved satisfactorily.” Rather, each child’s IEP is the measuring tool. The IEP team determines if a child’s education is appropriate and if it is being achieved satisfactorily.
The IEP may be reviewed and revised, enabling the IEP team to respond to concerns that the child’s education in the regular educational environment “cannot be achieved satisfactorily” and to make necessary and
appropriate adjustments or modifications, especially regarding the type of supplementary aids and services provided to support the child’s education in a regular classroom setting.
Considering “Supplementary Aids and Services”
Providing supplementary aids and services is essential for many children with disabilities to progress and learn. But just what are supplementary aids and services?
The term “supplementary aids and services” is defined at §300.42, as follow:
Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children
with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with §§300.114 through 300.116.
Supplementary aids and services can be accommodations and modifications to the curriculum under study or the manner in which that content is presented or a child’s progress is measured, but that’s not all they are or can be. Supplementary aids and services can also include direct services and supports to the child, as well as support and training for staff who work with that child. Determining what constitutes appropriate supplementary aids and services for a particular child is made on an individual basis. If you’d like to know more about these vital supports, please read our separate page, Supplementary Aids and Services.
Supplementary aids and services are intended to be provided in regular education classes, other education-related settings, and extracurricular and other nonacademic settings. This pretty much covers the gamut of school settings where children might be engaged in learning, interaction, and development. As we’ve said, their intent is to help integrate children with disabilities with nondisabled children in all facets of school.
Given the importance of supplementary aids and services in LRE decision making and implementation, let’s take a look at what types of supplementary aids and services children with disabilities are actually receiving. According to the SEELS School Program Survey[1] and as reported in the 26th Annual Report to Congress on the implementation of IDEA[2], about 85% of elementary or middle-school children with disabilities in regular education language arts classes have some type of support indicated on their IEP or 504 plan. Looking at the specific accommodations and supports they receive, we find that:
• 61.9% are provided extra time to take tests or complete assignments. • 36.8% are given shorter or different assignments.
• 35.3% have tests read to them • 33.4% take modified tests.
• 33.3% receive feedback more frequently than other children. • 30.4% receive slower-paced instruction.
• 22.7% are provided physical adaptations.
Other learning supports provided to these children in language arts classes include the following: • Progress monitored by special education teacher: 51.9%
• Teacher aides, instructional assistants, or other personal aides: 27.5% • Learning strategies/study skills: 24.2%
• Peer tutor: 22.9% • Books on tape: 14.5%
• Use of computer for activities not allowed other children: 11.2% • Reader or interpreter: 10.3%
• Behavior management program: 9.8% • Communication aids: 3.2%
Suppose a child needs a specific supplementary aid or service that’s typically provided in separate
service doesn’t have to be provided? Or that the child’s placement may then be somewhere other than the regular educational environment?
No, to both questions. As mentioned above, the school system is responsible for providing the supplementary aids and services that the IEP team determines the child needs and lists in the child’s IEP in order to enable the child to be educated in regular education settings. As stated in the language of the LRE provision,
supplementary aids and services are to enable the child with a disability to be educated in regular classes with nondisabled children to the maximum extent appropriate. The fact that supplementary aids and services often play a decisive role in whether or not the child can be satisfactorily educated in the regular educational
environment makes it all the more important that the school system meet its responsibility to provide them and to educate the child in the LRE to the maximum extent appropriate. If the IEP team has determined that the child can be satisfactorily educated in the regular classroom with the support of a given supplementary aid or service, those aids or services must be specified in the child’s IEP and must be provided to the child. Section 300.116 is sufficiently clear that placement decisions must be based on the individual needs of each child with a disability. Therefore, school systems must not make placement decisions based on their needs or available resources, including budgetary considerations and the ability of the school system to hire and recruit qualified staff. (71 Fed Reg. 46588)
What Other Settings Can Be Considered?
As already discussed, the frame within which placement determinations begin is the regular educational environment. If a child can be satisfactorily educated in that setting (with needed supplementary aids and services), then the general education class is that child’s LRE. Placing this child in a segregated class or separate program would directly violate the LRE provisions in IDEA.
However, the IEP team may determine that the child cannot be educated satisfactorily in the regular education classroom, even when supplementary aids and services are provided. An alternative placement must then be considered.
This is why schools have been, and still are, required to ensure that “a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services”
[§300.115(a)]. These placement options include:
• instruction in regular classes, • special classes,
• special schools, • home instruction, and
• instruction in hospitals and institutions.
Provision must be made for supplementary services, such as resource room or itinerant instruction, in conjunction with regular class placement [§300.115(b)].
Having a continuum of placements available “is intended to ensure that a child with a disability is served in a setting where the child can be educated successfully in the LRE” (71 Fed. Reg. 46587). It also reinforces the
importance of the individualized inquiry in determining what placement is the LRE for each child with a disability (Id.). As such, the requirement for a continuum of alternative placements supports the fact that determining LRE must be done on an individualized basis, considering “each child’s unique educational needs and circumstances, rather than by the child’s category of disability, and be based on the child’s IEP” (71 Fed. Reg. 46586).
However: Placement is not an “either/or” decision, where children are either placed in a regular education classroom or they’re not. The intent is for services to follow, or go with, the child, not for the child to follow services. Schools must make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.
Who Decides Placement?
The group that determines the educational placement for a child with a disability must include individuals with specific expertise or knowledge:
• the child’s parents;
• personnel who know the variety of placement options available to meet the child’s needs, and
• individuals who understand the significance of the data used to develop the child’s IEP. [§300.116(a)] Often, but not always, this may be the same group of people comprising the IEP team.
How Does the Group Decide Placement?
A child’s placement:
• is determined each and every year; • is based on the child’s IEP;
• is as close as possible to the child’s home;
• places the child in the school he or she would normally attend if not disabled (unless the child’s IEP requires some other arrangement). [§300.116(a)-(c)]
Notifying Parents
Although the parents of the child are part of the group determining the child’s placement and are likely to be well informed as to the placement decision, schools must still provide parents with prior written notice about the placement decision a reasonable time before it implements that decision (§300.503).
The notice that the school system provides to parents must be written in language understandable to the general public and in the parents’ native language or other mode of communication (unless it’s clearly not feasible to do so). The notice must also contain specific information, enumerated at §300.503(b), including (but not limited to):
• the educational placement of the child to be initiated, as proposed by the agency; • an explanation of why the agency proposes that placement;
• a description of each evaluation procedure, assessment, record, or report the agency used as a basis for the placement decision;
• a description of other options considered and why these options were rejected;
• a statement that the parents have protection under IDEA’s procedural safeguards and the means by which a description of those safeguards may be obtained; and
• sources that can help the parents understand IDEA’s pertinent provisions.
Should the parents disagree with the placement decision, they have recourse to IDEA’s procedural safeguards, which include mediation and due process procedures, as a way of resolving the conflict. A parent of a child with a disability can also file a State complaint.
Lookin’ for a Community of Practice on LRE?
You’re in luck. OSEP has spearheaded several CoPs, with two devoted to LRE—one, for Part B LRE, and the other, for preschool LRE. These are “[o]pen to all interested who share common concerns and passion for changing and improving implementation of IDEA.” Visit the TA communities of practice Web site and see what resources and expertise they’ve assembled: http://www.tacommunities.org/
[1] The Special Education Elementary Longitudinal Study (SEELS) was a study of school-age children funded by OSEP and was part of the national assessment of the 1997 IDEA. From 2000 to 2006, SEELS collected data at three points in time through school staff, direct assessments, and parent interviews to provide information about the experience of children with disabilities. For more information and to view SEEL results, visit: www.seels.net/
[2] U.S. Department of Education, Office of Special Education and Rehabilitative Services, Office of Special Education Programs. (2006, April). 26th annual (2004) report to Congress on the implementation of the
Individuals with Disabilities Education Act (Vol. 1). Washington, DC: Government Printing Office. (Available online at: http://www2.ed.gov/about/reports/annual/osep/2004/index.html)
Supplementary Aids and Services
Used with permission by: The National Dissemination Center for Children with Disabilities Website: NICHCY
Website Address: www.nichcy.org
The IEP must contain a statement of the special education and related services and supplementary aids and services to be provided to the child, or on behalf of the child. We’ve split up the discussion of each of these important elements, because there is so much to say about each. This article focuses on supplementary aids and services.
IDEA’s Exact Words
Again, let’s start with IDEA’s full requirement for identifying the supplementary aids and services a child will need and specifying them in his or her IEP. This appears at §300.320(a)(4) and stipulates that each child’s IEP must contain:
(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child—
(i) To advance appropriately toward attaining the annual goals;
(ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and
(iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section… [§300.320(a)(4)]
We’ve bolded the part of IDEA’s regulation that specifically mentions supplementary aids and services,
because it’s important to see the context in which this term is used. It is that context, and IDEA’s own definition of supplementary aids and services, that will guide how a child’s IEP team considers what services the child needs and the detail with which the team specifies them in the IEP.
The Short Story on Supplementary Aids and Services
Supplementary aids and services are often critical elements in supporting the education of children with
disabilities in regular classes and their participation in a range of another school activities. IDEA’s definition of this term (at §300.42)reads:
Supplementary aids and services means aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate …
Speaking practically, supplementary aids and services can be accommodations and modifications to the
curriculum under study or the manner in which that content is presented or a child’s progress is measured. But that’s not all they are or can be. Supplementary aids and services can also include direct services and supports to the child, as well as support and training for staff who work with that child. That’s why determining what supplementary aids and services are appropriate for a particular child must be done on an individual basis.
Examples from the Field
The definition of “supplementary aids and services” was new in IDEA ’97. Since then, the field has fleshed out the definition through practice. Numerous states have developed IEP guides that include both the regulatory definition of “supplementary aids and services” and examples to guide IEP teams in their considerations of what a student might need. Here are some examples that the New Mexico Public Education Department (2004) provides online that you may find illuminating:
Supports to address environmental needs (e.g., preferential seating; planned seating on the bus, in the classroom, at lunch, in the auditorium, and in other locations; altered physical room arrangement);
Levels of staff support needed (e.g., consultation, stop-in support, classroom companion, one-on-one assistance; type of personnel support: behavior specialist, health care assistant, instructional support assistant);
Planning time for collaboration needed by staff;
Child’s specialized equipment needs (e.g., wheelchair, computer, software, voice synthesizer, augmentative communication device, utensils/cups/plates, restroom equipment);
Pacing of instruction needed (e.g., breaks, more time, home set of materials);
Presentation of subject matter needed (e.g., taped lectures, sign language, primary language, paired reading and writing);
Materials needed (e.g., scanned tests and notes into computer, shared note-taking, large print or Braille, assistive technology);
Assignment modification needed (e.g., shorter assignments, taped lessons, instructions broken down into steps, allow student to record or type assignment);
Self-management and/or follow-through needed (e.g., calendars, teach study skills);
Testing adaptations needed (e.g., read test to child, modify format, extend time);
Social interaction support needed (e.g., provide Circle of Friends, use cooperative learning groups, teach social skills);
Making the Short Story Longer
As said above, considering the supplementary aids and supports that a child needs should take into account the academic, extracurricular, and nonacademic environments available to, and of interest to, the child. That pretty much covers the gamut of school settings where children might be engaged in learning, interaction, and
development, doesn’t it?
The last two elements—extracurricular and nonacademic—are actually new to IDEA in 2004. Consistent with the inclusive nature of the legislation, the final Part B regulations have added the phrase “in extracurricular and nonacademic settings” to the definition of supplementary aids and services and, thus, enlarged the scope of where supplementary aids and services must be provided, as appropriate to the child’s needs.
Considering NIMAS
And while we’re on the subject of supports that really do support children, what about the role that NIMAS can play? NIMAS is a new and exciting addition to IDEA intended to greatly improve access to instructional materials for blind or other persons with print disabilities—textbooks and workbooks, for example. (NIMAS stands for National Instructional Materials Accessibility Standard.)
Now, following the standard set by NIMAS, print materials can be rendered into a wide range of accessible formats, including Braille, large print, audio text, or digital text. For students who are blind, or who cannot use standard print materials, having access to a format they can use will be a huge leap forward, educationally. You can read more about NIMAS in NICHCY’s training module on the subject, produced as Module 8 in the
Building the Legacy training curriculum on IDEA.
Statistics from the 26th Annual Report to Congress
Given the importance of supplementary aids and services in supporting children’s access to the general curriculum and to the range of school environments, let’s take a look at what types of supplementary aids and services children with disabilities are actually receiving. According to the SEELS School Program Survey[1] and as reported in the 26th Annual Report to Congress on the implementation of IDEA (U.S. Department of Education, 2006), about 85% of elementary or middle-school children with disabilities in regular education language arts classes have some type of support indicated on their IEP or 504 plan. Looking at the specific accommodations and supports they receive, we find that:
• 61.9% are provided extra time to take tests or complete assignments. • 36.8% are given shorter or different assignments.
• 35.3% have tests read to them. • 33.4% take modified tests.
• 33.3% receive feedback more frequently than other children. • 30.4% receive slower-paced instruction.
• .7% are provided physical adaptations.
• Progress monitored by special education teacher: 51.9%
• Teacher aides, instructional assistants, or other personal aides: 27.5% • Learning strategies/study skills: 24.2%
• Peer tutor: 22.9% • Books on tape: 14.5%
• Use of computer for activities not allowed other children: 11.2% • Reader or interpreter: 10.3%
• Behavior management program: 9.8% • Communication aids: 3.2%
Suppose a Child Needs…
Suppose a child needs a specific supplementary aid or service that’s typically provided in separate
environments, not in the regular education classroom? Does this mean that the needed supplementary aid or service doesn’t have to be provided? Or that the child’s placement may then be somewhere other than the regular educational environment?
No, to both questions. As mentioned above, the public agency is responsible for providing the supplementary aids and services that the IEP team determines the child needs and lists in the child’s IEP in order to enable the child to be educated in regular education settings with nondisabled children to the maximum extent appropriate. The fact that supplementary aids and services often play a decisive role in whether or not the child can be satisfactorily educated in the regular educational environment makes it all the more important that the public agency meet its responsibility to provide them. If the IEP team has determined that the child can be
satisfactorily educated in the regular classroom with the support of a given supplementary aid or service, those aids or services must be specified in the child’s IEP and must be provided to the child. (71 Fed Reg. 46588)
Concluding Words
A fair amount of time and space has been devoted to this discussion of supplementary aids and services. For many children with disabilities, these are pivotal elements in their participation in school-related settings, activities, and learning opportunities.
References
New Mexico Public Education Department. (2004). A sampling of supplemental supports aids & services. Retrieved May 13, 2007, at http://www.ped.state.nm.us/seo/library/qrtrly.0204.lre.handouts.pdf
U.S. Department of Education, Office of Special Education and Rehabilitative Services, Office of Special Education Programs. (2006, April). 26th annual (2004) report to Congress on the implementation of the
Individuals with Disabilities Education Act (Vol. 1). Washington, DC: Government Printing Office. (Available online at: http://www.ed.gov/about/reports/annual/osep/2004/index.html)
1 The Special Education Elementary Longitudinal Study (SEELS) was a study of school-age children funded by OSEP and was part of the national assessment of the 1997 IDEA. From 2000 to 2006, SEELS collected data at
three points in time through school staff, direct assessments, and parent interviews to provide information about the experience of children with disabilities. For more information and to view SEEL results, visit:
Questions and Answers on Least Restrictive Environment (LRE) Requirements of the IDEA
Used with permission by: U. S. Department of Education Website: Office of Special Education and Rehabilitative Services (OSERS)
Website Address: www.wrightslaw.com/info/lre.osers.memo.idea.htm
Introduction
The least restrictive environment (LRE) requirements of Part B of the Individuals with Disabilities Education Act (IDEA) have been included in the law in their present form since 1975. However, these requirements continue to generate complex and interesting questions from the field. In particular, questions have been raised about the relationship of IDEA's LRE requirements to "inclusion."
Consistent with our attempt to provide you and your staff with as much current information as possible and to ensure that the applicable requirements of IDEA that govern the education of students with disabilities are accurately understood and properly implemented, guidance on IDEA's LRE requirements is being provided in a question and answer format.
In most cases, this question and answer document consolidates the prior policy guidance that the Department has provided in this area. We encourage you to disseminate this document to a wide range of individuals and organizations throughout your State. Any further questions should be directed to the contact person named at the beginning of this document or to Dr. Joleta Reynolds at (202) 205-5507.
We hope that the above questions and answers are of assistance to you and your staff as you carry out your responsibilities to ensure that disabled students are provided a free appropriate public education in the least restrictive environment.
Questions and Answers
1. What are the least restrictive Environment (LRE) requirements of Part B of IDEA?
ANSWER: In order to be eligible to receive funds under Part B of IDEA (IDEA), States must, among other conditions, assure that a free appropriate public education (FAPE) is made available to all children with specified disabilities in mandated age ranges.
The term "FAPE" is defined as including, among other elements, special education and related services, provided at no cost to parents, in conformity with an individualized education program (IEP).
The IEP, which contains the statement of the special education and related services to meet each disabled students' unique needs, forms the basis for the entitlement of each student with a disability to an individualized and appropriate education.
IDEA further provides that States must have in place procedures assuring that, "to the maximum extent
are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."
This provision, which states IDEA's strong preference for educating students with disabilities in regular classes with appropriate aids and supports, is found in the statute at 20 U. S. C. §1412 (5) (B) and is implemented by the Department's regulations at 34 CFR §§300.550-300.556. Copies of the relevant statutory and regulatory provisions are attached to this question and answer document.
2. Does IDEA define the term "inclusion?"
ANSWER: IDEA does not use the term "inclusion"; consequently, the Department of Education has not defined that term. However, IDEA does require school districts to place students in the LRE.
LRE means that, to the maximum extent appropriate, school districts must educate students with disabilities in the regular classroom with appropriate aids and supports, referred to as "supplementary aids and services, " along with their nondisabled peers in the school they would attend if not disabled, unless a student's IEP requires some other arrangement. This requires and individualized inquiry into the unique educational needs of each disabled student in determining the possible range of aids and supports that are needed to facilitate the students's placement in the regular educational environment before a more restrictive placement is considered. In implementing IDEA's LRE provisions, the regular classroom in the school the student would attend if not disabled is the first placement option considered for each disabled student before a more restrictive placement is considered.
If the IEP of a student with a disability can be implemented satisfactorily with the provision of supplementary aids and services in the regular classroom in the school the student would attend if not disabled, that placement is the LRE placement for that student. However, if the student's IEP cannot be implemented satisfactorily in that environment, even with the provision of supplementary aids and services, the regular classroom in the school the student would attend if not disabled is not the LRE placement for that student.
3. How can IDEA requirements be implemented to ensure that consideration is given to whether a student with a disability can be educated in the regular educational environment with the use of supplementary aids and services before a more restrictive placement is considered?
ANSWER: The relationship of IDEA's LRE requirements to the IEP process is key, since under IDEA, the student's IEP forms the basis for the student's placement decision.
IDEA requires that the IEP of each disabled student must contain, among other components, a "statement of the specific special education and related services to be provided to the child and the extent that the child will be able to participate in regular educational programs." 34 CFR §300.346 (a) (3).
At the student's IEP meeting, the extent that the student will be able to participate in regular educational programs is one of the matters to be addressed by all of the participants on the student's IEP team before the
student's IEP is finalized. In addressing this issue, the team must consider the range of supplementary aids and services, in light of the student's abilities and needs, that would facilitate the student's placement in the regular educational environment. As discussed in question 4 below, these supplementary aids and services must be described in the student's IEP.
4. Does IDEA define the term "supplementary aids and services?"
ANSWER: No. However, in determining the educational placement for each disabled student, the first line of inquiry is whether the student's IEP can be implement satisfactorily in the regular educational environment with the provision of supplementary aids and services. This requirement has been in effect since 1975 when the education of the Handicapped Act (EHA), the predecessor to the IDEA, originally became law.
Consistent with this requirement, any modifications to the regular educational program, i. e. , supplementary aids and services that the IEP team determines that the student needs to facilitate the student's placement in the regular educational environment must be described in the student's IEP and must be provided to the student. Appendix C to 34 CFR Part 300 (question 48). While determinations of what supplementary aids and services are appropriate for a particular student must be made on an individual basis, some supplementary aids and services that educators have used successfully include modifications to the regular class curriculum, assistance of an itinerant teacher with special education training, special education training for the regular teacher, use of computer-assisted devices, provision of notetakers, and use of a resource room, to mention a few.
5. How frequently must a disabled student's placement be reviewed under IDEA?
ANSWER: Under IDEA, each disabled student's placement must be determined at least annually, must be based on the student's IEP, and must be in the school or facility as close as possible to the student's home. Under IDEA, each student's placement decision must be made by a group of persons, including persons
knowledgeable about the student, the meaning of evaluation data and the placement options. While the student's IEP forms the basis for the placement decision, a student's IEP cannot be revised without holding another IEP meeting, which the scholl district is responsible for convening.
If either the student's parent or teacher or other service provider wishes to initiate review of the student's IEP at a point in the school year that does not correspond with the annual IEP review, that individual can request the school district to hold another IEP meeting. If the IEP is revised, following the meeting, the placement team would need to review the student's IEP to determine if a change in placement would be needed to reflect the revised IEP.
6. If a determination is made that a student with a disability can be educated in regular classes with the provision of supplementary aids and services, can school districts refuse to implement the student's IEP in a specific class because of the unwillingness of a particular teacher to educate that student in his or her classroom or the teacher's assertion that he or she lacks adequate training to educate that student
ANSWER: Under IDEA, lack of adequate personnel or resources does not relieve school districts of their obligations to make FAPE available to each disabled student in the least restrictive educational setting in which his or her IEP can be implemented.
Exclusion of a student from an appropriate placement based solely on the student's disability is prohibited by Section 504 of the Rehabilitation Act of 1973.
However, placement in a particular regular class based on the qualifications of the particular teacher is permissible under both statutes.
The public agency has an affirmative responsibility to ensure the supply of sufficient numbers of teachers who are qualified, with needed aids and supports, to provide services to students with disabilities in regular
educational environments, and to provide necessary training and support services to students with disabilities. The Department encourages States and school districts to develop innovative approaches to address issues surrounding resource availability. Factors that could be examined include cooperative learning, teaching styles, physical arrangements of the classroom, curriculum modifications, peer mediated supports, and equipment, to mention a few.
7. Once a determination is made that a disabled student cannot be educated satisfactorily in the regular educational environment, even with the provision of supplementary aids and services, what
considerations govern placement?
ANSWER: IDEA does not require that every student with a disability be placed in the regular classroom regardless of individual abilities and needs.
This recognition that regular class placement may not be appropriate for every disabled student is reflected in the requirement that school districts make available a range of placement options, known as a continuum of alternative placements, to meet the unique educational needs of students with disabilities. This requirement for the continuum reinforces the importance of the individualized inquiry, not a "one size fits all" approach, in determining what placement is the LRE for each student with a disability. The options on this continuum must include "the alternative placements listed in the definition of special education under § 300.17 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions). " 34 CFR §300.551 (b) (1).
These options must be available to the extent necessary to implement the IEP of each disabled student. The placement team must select the option on the continuum in which it determines that the student's IEP can be implemented. Any alternative placement selected for the student outside of the regular educational environment must maximize opportunities for the student to interact with nondisabled peers, to the extent appropriate to the needs of the student.
It also should be noted that under IDEA, parents must be given written prior notice that meets the requirements of §300.505 a reasonable time before a public agency implements a proposal or refusal to initiate or change the identification, evaluation, or educational placement of the child, or the provision of FAPE to the child.
Consistent with this notice requirement, parents of disabled students must be informed that the public agency is required to have a full continuum of placement options, as well as about the placement options that were actually considered and the reasons why those options were rejected. 34 CFR §§300.504-300.505; Notice of Policy Guidance on Deaf Students Education Services, published at 57 Fed. Reg. 49274 (Oct. 30, 1992).
8. What are the permissible factors that must be considered in determining what placement is appropriate for a student with a disability? Which factors, if any, may not be considered?
ANSWER: The overriding rule in placement is that each student's placement must be individually-determined based on the individual student's abilities and needs. As noted previously, it is the program of specialized instruction and related service contained in the student's IEP that forms the basis for the placement decision. In determining if a placement is appropriate under IDEA, the following factors are relevant:
the educational benefits available to the disabled student in a traditional classroom, supplemented with appropriate aids and services, in comparison to the educational benefits to the disabled student from a special education classroom;
the non-academic benefits to the disabled student from interacting with nondisabled students; and the degree of disruption of the education of other students, resulting in the inability to meet the unique needs of the disabled student.
However, school districts may not make placements based solely on factors such as the following: • category of disability;
• severity of disability;
• configuration of delivery system;
• availability of educational or related services; • availability of space; or
• administrative convenience.
9. To what extent is it permissible under IDEA for school districts to consider the impact of a regular classroom placement on those students in the classroom who do not have a disability?
ANSWER: IDEA regulations provide that in selecting the LRE, consideration is given to any potential harmful effect on the student or on the quality of services that the student needs.
If a student with a disability has behavioral problems that are so disruptive in a regular classroom that the education of other students is significantly impaired, the needs of the disabled student cannot be met in that environment.
However, before making such a determination, school districts must ensure that consideration has been given to the full range of supplementary aids and services that could be provided to the student in the regular educational environment to accommodate the unique needs of the disabled student. If the placement team determines that even with the provision of supplementary aids and services, that student's IEP could not be implemented
satisfactorily in the regular educational environment, that placement would not be the LRE placement for that student at the particular time, because her or his unique educational needs could not be met in that setting. While IDEA regulations permit consideration of the effect of the placement of a disabled student in a regular classroom on other students in that classroom, selected findings from Federally funded research projects indicate that:
(1) achievement test performance among students who were classmates of students with significant disabilities were equivalent or better than a comparison group ( Salisbury, 1993);
(2) students developed more positive attitudes towards peers with disabilities (CRI, 1992); and
(3) self concept, social skills, and problem solving skills improved for all students in inclusive settings (Peck, Donaldson, & Pezzoli, 1990, Salisbury & Palombaro, 1993). 1
10. Are there any resources that the Department is aware of that have proven helpful to educators and paraprofesionals in implementing inclusive educational programs?
ANSWER: The Department has supported a variety of professional development and training projects (e. g., preservice, inservice, school restructuring projects) that address the needs of students with disabilities in inclusive educational programs.
In addition, the Department has financed Statewide Systems Change projects which support changing the setting for the delivery of educational services from separate settings to general educational settings in the school that the student would attend if not disabled.
Numerous materials and products have been developed by these projects which have focused on the strategies that support collaborative planning and problem solving, site based control, curriculum and technological adaptations and modifications, parent and family involvement, and the creative use of human and fiscal
resource. These projects have underscored the importance of timely access to resources (e.g., people, materials, information, technology) when they are needed.
TO: Chief State School Officers
FROM: Judith E. Heumann, Assistant Secretary
Office of Special Education and Rehabilitation Services Thomas Hehir, Director
Office of Special Education Programs Date: November 23, 1994
1. California Research Institute. (1992). Educational practices in integrated settings associated with positive student outcomes. Strategies on the Inclusion on the integration of the Students with Severe Disabilities, 3, (3) , 7, 10. San Francisco State University. San Francisco, California.
Peck C. A., Donaldson, J., Pezzoli, M. (1990). Some benefits non-handicapped adolescents perceive for
themselves from their social relationships with peers who have severe disabilities. Journal of the Association for Persons with severe Handicaps, 15 (4), 241-249.
Salisbury, C. L. (1993, November). Effects of inclusive schooling practices: Costs to Kids and organizations. Presentation at the 1993 Conference of the Association for Persons with Severe Handicaps, Chicago, Illinois. Salisbury, C. L. , & Palombaro, M. M. ( Eds. ) (1993). "No problem." Working things out our way. State University of New York - Binghamton, Binghamton, New York.
Links:
National Information Center for Children and Youth with Disabilities
P. O. Box 1492
Washington, D. C. 20013-1492 Telephone: 1-800-695-0285
( Deaf and hearing-impaired individuals may also call this number for TDD services )
Consortium on Inclusive Schooling Practices Allegheny Singer Research Institute
320 E. North Avenue Pittsburgh, PA 15212 Telephone: (412) 359-1600
http://www.asri.edu/CFSP/brochure/abtcons.htm
California Research Institute on the Integration of Students with Severe Disabilities San Francisco State University
1415 Tapia Drive
San Francisco, California 94132 Telephone: (415) 338-7847-48
State Resources
Maine Department of Education Special Services
23 State House Station Augusta, ME 04333-0023 Phone: 624-6650
Fax: 624-6651 TTY: 624-6800
Web: www.maine.gov/education/speced/index.htm
Disability Rights Center
P.O. Box 2007 Augusta, Maine 04338-2007 1-800-452-1948 (V/TTY) 1-207-626-2774 (V/TTY) E-mail: [email protected] Website: www.drcme.org
The Disability Rights Center (DRC) is Maine's protection and advocacy agency for people with disabilities. It is a non-profit agency independent of state and federal government.
DRC provides individuals with information about their rights and service systems, and represents individuals at meetings and hearings by providing legal services to individuals and groups. In addition, DRC works
for systemic change and offers trainings on individual rights and developing advocacy skills. We also act as a referral service for individuals we are unable to directly assist.
KIDS LEGAL
P.O. Box 547 Portland ME 04112 Phone: 1-866-624-7787 Website: www.kidslegal.org
KIDS LEGAL is a statewide project within Pine Tree Legal Assistance. We specialize in legal services
addressing the needs of low-income Maine children. We provide direct representation, consultations and group trainings.
National Resources NICHCY
Phone: 1.800.695.0285 (Toll-free, Voice/TTY) 202.884.8200 (Voice/TTY) Website: http://nichcy.org/
Pacer Center
Website: www.pacer.org/
Wrightslaw
Website: www.wrightslaw.com
Office of Special Education Programs
Office of Special Education and Rehabilitative Services U.S. Department of Education
400 Maryland Ave., S.W. Washington, DC 20202-7100 Website: http://www2.ed.gov/
Families and Advocates Partnership for Education (FAPE)
E-mail: [email protected] Web site: www.fape.org
Maine Parent Federation Lending Library Procedures
The MPF Library is a valuable resource to families and professionals in Maine. The success of the library is greatly determined by the quality and availability of the materials we offer. To help us maintain our library, we ask that you follow these guidelines.
How to Request Materials
Call: 1-800-870-7746 (Maine Only) E-mail: [email protected]
207-588-1933 Fax: 207-588-1938 Write: MPF Library Visit: 484 Maine Ave. #1
PO Box 2067 Farmingdale, Maine 04344 Augusta, Maine 04338
Hours: 8:30 - 4:30 Mon. – Fri.
Library Policy
The complete library list is available in print or online at www.mpf.org.
You may borrow two materials at a time. You are responsible for the cost of return postage. Materials will be mailed out on the day you request them if they are available.
Materials are loaned for a two-week period. If you need to renew them, call to check with us, we may be able to extend the due date as long as there is not a waiting list for the material.
If materials are more than one week late we will ask you for a $5 late fee donation, payable to the MPF Library for every week the material is overdue. A reminder card will be mailed during the first week that materials are overdue.
We keep a waiting list for materials that are already on loan when you request them. You can ask that your name be added to the waiting list and materials will be mailed to you as soon as they become available.
About the Library List
The library list is arranged by topic then listed alphabetically by title. Materials are not cross-referenced, so each title appears only once and you may have to check other sections.
We have numerous titles available in the library covering a broad range of topics. Please call the library if you need assistance locating a particular item, 1-800-870-7746. Materials are grouped under the following topics:
Abuse/Neglect Adoption/Foster Care Adults Advocacy/Self Advocacy Anxiety/Stress/Fears Assistive Technology Attention Deficit Disorder
Autism/Asperger’s Syndrome/PDD Behavior/Discipline Bipolar Disorder Birth to Three Brain Injury Bullying Cerebral Palsy Child Development Communication Depression Developmental Disabilities Diabetes Divorce/Step-Parenting Early Childhood Eating Disorders Employment Epilepsy Gender Issues Grief Health/Medical Hearing Loss Inclusion/Integration Learning Disabilities Mental Illness Miscellaneous Neurobiological
Non-Verbal Learning Disabilities Obsessive Compulsive Disorder Other Disabilities Parent Involvement Parent/Family Issues Personal Stories Play Potty Learning Recreation School/Education Self-Esteem/Social Skills Sensory Integration Special Education Spina Bifida Tourette Syndrome Visual Impairments Rev. 9/2012
