Least Restrictive Environment The what, the when, the how Jennifer Monthie, Esq. Disability Rights New York Tara Moffett, Esq. Girvin & Ferlazzo, PC Lisa Meade Corinth Central School District

Least Restrictive Environment The What DRNY copyright 2015

Least Restrictive Environment LRE is one of the guiding principles governing education of students with disabilities; IDEA requires that a student who has a disability should have the opportunity to be educated with non-disabled peers, to the greatest extent appropriate, including; Access to the General Education Curriculum and Standards Access to other programs and services Access to transportation Access to Extracurricular activities and services DRNY copyright 2015

What is LRE? Least Restrictive Environment (LRE) is the setting (1) more like where a student without a disability is educated; (2) where a student with a disability can receive a free appropriate public education. A school district must consider all supplemental aids and services necessary for the student to achieve educational benefit prior to recommending a more restrictive environment. DRNY copyright 2015

Least Restrictive Environment The When DRNY copyright 2015

IDEA Requires… Students with disabilities to be placed in the Least Restrictive Environment (LRE) appropriate to their needs, which means: [t]o the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, 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.” 20 USC 1412(a)(5)(A). DRNY copyright 2015

What does LRE Mean? Students with disabilities cannot be removed from “age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.” 34 C.F.R. 300.116(e) Students must be “educated in the school [they] would attend if nondisabled,” unless the IEP “requires some other arrangement.” 34 C.F.R. 300.116(c) DRNY copyright 2015

What does LRE Mean? “Placement decisions must be individually determined on the basis of each child’s abilities and needs and each child’s IEP, and not solely on factors such as category of disability, severity of disability, availability of special education and related services, configuration of the service delivery system, availability of space, or administrative convenience.” 71 Fed. Reg. 46588 DRNY copyright 2015

Determining LRE In a Committee on Special Education (CSE/PCSE/IEP) meeting The team must determine the appropriate setting for the student while reviewing: Student’s strengths, weaknesses, and needs (Present Levels of Performance) Consider the Educational Benefits from placement in any particular educational setting; Individually review these factors for each student. DRNY copyright 2015

Least Restrictive Environment The How DRNY copyright 2015

How Do Schools Meet LRE? To ensure LRE, a “continuum of alternative placements” must be made available to meet the needs of students, including “instruction in: regular class, Special class Special schools Home instruction, and Instruction in hospitals and institutions.” Schools must also ensure that supplemental services are available “to be provided in conjunction with regular class placement.” 34 CFR 300.115 DRNY copyright 2015

How is LRE defined? LRE principle in Daniel R.R. v. State Board of Education (1989) Students with disabilities have a right to be included in both academic and extracurricular programs of general education IDEA does not require an all-or-nothing educational system (either general or special education); School must take intermediate steps, where appropriate, such as placing a student in some specialized services which attending regular education programming; Appropriate mix is individualized to the student from school year to school year. DRNY copyright 2015

How is LRE Determined? P. v. Newington Board of Education, 546 F.3d 111 (2d Cir. 2008) Whether education in the general classroom with the use of supplemental aids and services, can be achieved satisfactorily for a given student, and if not, Whether the school has mainstreamed the student to the maximum extent appropriate. DRNY copyright 2015

First Prong of Newington Whether the school has made reasonable efforts to accommodate the child in a regular classroom; The educational benefits available to the child in a regular class, with appropriate supplementary aids and services, as compared to the benefits provided in a special education class; and The possible negative effects of the inclusion of the child on the education of the other students in the class. DRNY copyright 2015

Second Prong of Newington When placed outside of the general education setting a school must: Have available a continuum of alternative placements; Special classes Special schools Home instruction Instruction in hospitals and institutions State funding mechanism must not favor placements that result in denial of the LRE requirement DRNY copyright 2015

What Does Newington Require Student should receive the same appropriate education and social benefit that a student without a disability receives; Does not allow the education of other student’s without disability to be negatively impacted Cost of supplementary services provides a safeguard to schools so that spending is not exceeded on one particular student. DRNY copyright 2015

Least Restrictive Environment A Case Study In Practice DRNY copyright 2015

Case Study Elementary age female student Social-emotional, behavioral needs Outside stressors DRNY copyright 2015

Barriers Pressure from outside agencies to place Lack of understanding about Part 200 regulations Lack of community services for children Not following CSE process Balancing voices at CSE meetings Putting parent in the middle Stress on the family DRNY copyright 2015

Myths This is about money. You don’t care about kids. Why can’t you just do what I know is right? DRNY copyright 2015

Lessons Learned Sticking up for kids is always right. Use outside resources (SED, Attorney). Be persistent and consistent. Need to stick to Part 200. Try not to take the negativity personally. Put yourself in the shoes of the parent to better understand. There is no quick fix. Keep parent communication ongoing and open. DRNY copyright 2015

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Questions DRNY copyright 2015