Least Restrictive Environment Decision Making Produced by NICHCY, 2007

The IEP series… The IEP Team Content of the IEP Meetings of IEP Team LRE Decision Making Children with Disabilities Enrolled by Their Parents in Private Schools Produced by NICHCY, 2007

This module looks at: Defining Least Restrictive Environment (LRE) — Requirements (§300.114) — Continuum of alternative placements (§300.115) — Placements (§300.116) — Nonacademic settings (§300.117) Role of “Supplementary Aids and Services” in Supporting Participation of Children with Disabilities Factors to Consider in LRE Decision Making Resources to Support Children in the LRE In this module, we're going to look more closely at the IEP and the process by which a child's IEP is developed. Here, you can learn everything you've always wanted to know about IEP team meetings and what goes on there. Can you name 3 things you think we'll talk about? We'll also take a look at something new under IDEA 2004---multiyear IEPs. And finally, what does the law have to say about reviewing a child's IEP? What's involved in revising it? We'll take a look at these two important parts of the IEP process, too. Produced by NICHCY, 2007

Each public agency must ensure that— Defining LRE Each public agency must ensure that— To the maximum extent appropriate, children with disabilities are educated with children who are nondisabled OK, let's see how many you remembered. Did you write down....the parents of the child? If you did, put a check next to "Parents." And how 'bout a representative of the LEA? LEA stands for local educational agency, which is the agency responsible for making a free appropriate education available to the child. In most cases, the representative is someone from the school----say, the principal---- or the director of special education in the school or school district. More important than who this person is are the 3 qualifications this person must have. To serve in this role, the person must be qualified to provide specially designed services to meet the needs of children with disabilities (THAT's the definition of special education under IDEA 2004) (or to supervise its provision). This person must also know about the general education curriculum, and be knowledgeable about the resources that the LEA has available. Implicit in these requirements is that the person can help inform the IEP team as to what the general curriculum involves and focuses upon, AND have the authority to commit the resources of the LEA on behalf of the child as part of his or her special education. Who else did you list as part of the IEP team? What type of teachers? Did you list a special education teacher AND a general education teacher? These two individuals are required by law if the child is participating in general education or MAY be participating in it. Next is someone who can talk about what the evaluation results mean for instruction, or to speak knowledgeably about the instructional implications of the evaluation results. Here we'll call this person an evaluation and instruction "expert." Requiring this person on the IEP team dovetails nicely with the law's requirement that the evaluation be conducted to do more than just determine if the child is eligible for special education services. The evaluation must also provide information that informs development of the IEP. Did you include "others" with knowledge or special expertise about the child? This person is not "required" to attend in the same way the others are. This person is entitled to attend, if invited by the LEA or the parents. This person is there to illuminate the discussion about the child and to shed insight according to his or her special knowledge of the child. This person may be a related services provider, such as the speech-language pathologist or a physical therapist, but could also be someone like another family member, a daycare provider, a past teacher, or a close friend who knows the child well. And finally----last but not least, the CHILD is part of the IEP team when appropriate. If transition services are going to be discussed at the meeting, then the LEA must invite the child to the meeting. There are obvious and very good reasons why the child might wish to attend and have something ----or a lot----to say. and… §300.114 LRE requirements. Produced by NICHCY, 2007

Defining LRE 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 OK, let's see how many you remembered. Did you write down....the parents of the child? If you did, put a check next to "Parents." And how 'bout a representative of the LEA? LEA stands for local educational agency, which is the agency responsible for making a free appropriate education available to the child. In most cases, the representative is someone from the school----say, the principal---- or the director of special education in the school or school district. More important than who this person is are the 3 qualifications this person must have. To serve in this role, the person must be qualified to provide specially designed services to meet the needs of children with disabilities (THAT's the definition of special education under IDEA 2004) (or to supervise its provision). This person must also know about the general education curriculum, and be knowledgeable about the resources that the LEA has available. Implicit in these requirements is that the person can help inform the IEP team as to what the general curriculum involves and focuses upon, AND have the authority to commit the resources of the LEA on behalf of the child as part of his or her special education. Who else did you list as part of the IEP team? What type of teachers? Did you list a special education teacher AND a general education teacher? These two individuals are required by law if the child is participating in general education or MAY be participating in it. Next is someone who can talk about what the evaluation results mean for instruction, or to speak knowledgeably about the instructional implications of the evaluation results. Here we'll call this person an evaluation and instruction "expert." Requiring this person on the IEP team dovetails nicely with the law's requirement that the evaluation be conducted to do more than just determine if the child is eligible for special education services. The evaluation must also provide information that informs development of the IEP. Did you include "others" with knowledge or special expertise about the child? This person is not "required" to attend in the same way the others are. This person is entitled to attend, if invited by the LEA or the parents. This person is there to illuminate the discussion about the child and to shed insight according to his or her special knowledge of the child. This person may be a related services provider, such as the speech-language pathologist or a physical therapist, but could also be someone like another family member, a daycare provider, a past teacher, or a close friend who knows the child well. And finally----last but not least, the CHILD is part of the IEP team when appropriate. If transition services are going to be discussed at the meeting, then the LEA must invite the child to the meeting. There are obvious and very good reasons why the child might wish to attend and have something ----or a lot----to say. Produced by NICHCY, 2007

Defining LRE Placement-Neutral Funding States must not use a funding mechanism that distributes funds based on the type of setting in which a child is served, if doing so leads to a violation of LRE requirements Placement decisions must be based on a child’s unique needs and IEP, not on administrative convenience, disability/program label, or allocation of funds Produced by NICHCY, 2007

Continuum of Alternative Placements Defining LRE Continuum of Alternative Placements …includes instruction in: regular classes special classes special schools child’s home hospitals or institutions OK, let's see how many you remembered. Did you write down....the parents of the child? If you did, put a check next to "Parents." And how 'bout a representative of the LEA? LEA stands for local educational agency, which is the agency responsible for making a free appropriate education available to the child. In most cases, the representative is someone from the school----say, the principal---- or the director of special education in the school or school district. More important than who this person is are the 3 qualifications this person must have. To serve in this role, the person must be qualified to provide specially designed services to meet the needs of children with disabilities (THAT's the definition of special education under IDEA 2004) (or to supervise its provision). This person must also know about the general education curriculum, and be knowledgeable about the resources that the LEA has available. Implicit in these requirements is that the person can help inform the IEP team as to what the general curriculum involves and focuses upon, AND have the authority to commit the resources of the LEA on behalf of the child as part of his or her special education. Who else did you list as part of the IEP team? What type of teachers? Did you list a special education teacher AND a general education teacher? These two individuals are required by law if the child is participating in general education or MAY be participating in it. Next is someone who can talk about what the evaluation results mean for instruction, or to speak knowledgeably about the instructional implications of the evaluation results. Here we'll call this person an evaluation and instruction "expert." Requiring this person on the IEP team dovetails nicely with the law's requirement that the evaluation be conducted to do more than just determine if the child is eligible for special education services. The evaluation must also provide information that informs development of the IEP. Did you include "others" with knowledge or special expertise about the child? This person is not "required" to attend in the same way the others are. This person is entitled to attend, if invited by the LEA or the parents. This person is there to illuminate the discussion about the child and to shed insight according to his or her special knowledge of the child. This person may be a related services provider, such as the speech-language pathologist or a physical therapist, but could also be someone like another family member, a daycare provider, a past teacher, or a close friend who knows the child well. And finally----last but not least, the CHILD is part of the IEP team when appropriate. If transition services are going to be discussed at the meeting, then the LEA must invite the child to the meeting. There are obvious and very good reasons why the child might wish to attend and have something ----or a lot----to say. << Less More >> Restrictive Produced by NICHCY, 2007

the meaning of the evaluation data the placement options Defining LRE Placements Placement decisions are made by a group of persons, including the parents, who are knowledgeable: about the child the meaning of the evaluation data the placement options Produced by NICHCY, 2007

Defining LRE Placements The child’s placement is determined at least annually Is based on the child’s IEP Is as close as possible to the child's home Unless child’s IEP requires another arrangement, child is educated in the school that he or she would attend if nondisabled Produced by NICHCY, 2007

Defining LRE Placements Consideration must be given to any potential harmful effect on the child or on the quality of services that he or she needs A child with a disability may not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum Placements Produced by NICHCY, 2007

Defining LRE Recess, clubs, and more Meals Participation in Extracurricular and Nonacademic Services and Activities Athletics Transportation Each public agency must ensure that… the child has supplementary aids and services determined appropriate and necessary by the child’s IEP Team to participate in nonacademic and extracurricular services and activities Produced by NICHCY, 2007

Special education is not a place. It’s a set of services and supports Summarizing LRE Special education is not a place. It’s a set of services and supports The first “where” to consider is… Where a child with a disability receives special education services is that child’s placement OK, let's see how many you remembered. Did you write down....the parents of the child? If you did, put a check next to "Parents." And how 'bout a representative of the LEA? LEA stands for local educational agency, which is the agency responsible for making a free appropriate education available to the child. In most cases, the representative is someone from the school----say, the principal---- or the director of special education in the school or school district. More important than who this person is are the 3 qualifications this person must have. To serve in this role, the person must be qualified to provide specially designed services to meet the needs of children with disabilities (THAT's the definition of special education under IDEA 2004) (or to supervise its provision). This person must also know about the general education curriculum, and be knowledgeable about the resources that the LEA has available. Implicit in these requirements is that the person can help inform the IEP team as to what the general curriculum involves and focuses upon, AND have the authority to commit the resources of the LEA on behalf of the child as part of his or her special education. Who else did you list as part of the IEP team? What type of teachers? Did you list a special education teacher AND a general education teacher? These two individuals are required by law if the child is participating in general education or MAY be participating in it. Next is someone who can talk about what the evaluation results mean for instruction, or to speak knowledgeably about the instructional implications of the evaluation results. Here we'll call this person an evaluation and instruction "expert." Requiring this person on the IEP team dovetails nicely with the law's requirement that the evaluation be conducted to do more than just determine if the child is eligible for special education services. The evaluation must also provide information that informs development of the IEP. Did you include "others" with knowledge or special expertise about the child? This person is not "required" to attend in the same way the others are. This person is entitled to attend, if invited by the LEA or the parents. This person is there to illuminate the discussion about the child and to shed insight according to his or her special knowledge of the child. This person may be a related services provider, such as the speech-language pathologist or a physical therapist, but could also be someone like another family member, a daycare provider, a past teacher, or a close friend who knows the child well. And finally----last but not least, the CHILD is part of the IEP team when appropriate. If transition services are going to be discussed at the meeting, then the LEA must invite the child to the meeting. There are obvious and very good reasons why the child might wish to attend and have something ----or a lot----to say. Produced by NICHCY, 2007

the waterfall of information in… Resources to Support Children in General Education Settings the waterfall of information in… OK, let's see how many you remembered. Did you write down....the parents of the child? If you did, put a check next to "Parents." And how 'bout a representative of the LEA? LEA stands for local educational agency, which is the agency responsible for making a free appropriate education available to the child. In most cases, the representative is someone from the school----say, the principal---- or the director of special education in the school or school district. More important than who this person is are the 3 qualifications this person must have. To serve in this role, the person must be qualified to provide specially designed services to meet the needs of children with disabilities (THAT's the definition of special education under IDEA 2004) (or to supervise its provision). This person must also know about the general education curriculum, and be knowledgeable about the resources that the LEA has available. Implicit in these requirements is that the person can help inform the IEP team as to what the general curriculum involves and focuses upon, AND have the authority to commit the resources of the LEA on behalf of the child as part of his or her special education. Who else did you list as part of the IEP team? What type of teachers? Did you list a special education teacher AND a general education teacher? These two individuals are required by law if the child is participating in general education or MAY be participating in it. Next is someone who can talk about what the evaluation results mean for instruction, or to speak knowledgeably about the instructional implications of the evaluation results. Here we'll call this person an evaluation and instruction "expert." Requiring this person on the IEP team dovetails nicely with the law's requirement that the evaluation be conducted to do more than just determine if the child is eligible for special education services. The evaluation must also provide information that informs development of the IEP. Did you include "others" with knowledge or special expertise about the child? This person is not "required" to attend in the same way the others are. This person is entitled to attend, if invited by the LEA or the parents. This person is there to illuminate the discussion about the child and to shed insight according to his or her special knowledge of the child. This person may be a related services provider, such as the speech-language pathologist or a physical therapist, but could also be someone like another family member, a daycare provider, a past teacher, or a close friend who knows the child well. And finally----last but not least, the CHILD is part of the IEP team when appropriate. If transition services are going to be discussed at the meeting, then the LEA must invite the child to the meeting. There are obvious and very good reasons why the child might wish to attend and have something ----or a lot----to say. Building the Capacity of Educators to Provide High Quality Services to Students with Disabilities in General Education Settings Produced by NICHCY, 2007

Round-up Time! Produced by NICHCY, 2007