1. Placement and LRE for Children with Disabilities Kristin E. Hildebrant Ohio Legal Rights Service khildebrant@olrs.state.oh.us

2. LRE All children with a disability must be educated in the least restrictive environment or LRE. 34 CFR 300.114 Federal regulations can be found at idea.ed.gov

3. LRE To the maximum extent appropriate, children with disabilities are educated with typical peers. Separate schooling only when nature and severity of disability prevents satisfactory education in regular education (with use of supplementary aids and services).

4. LRE A state may not have a funding mechanism that results in violations of LRE mandate. Funds cannot be distributed on the basis of type of setting that results in violations of LRE mandate.

5. LRE for Preschool Natural environment can be the LRE for a preschool child. Natural environment concept is borrowed from Part C of IDEA-Early Intervention. Flexible concept. Includes environments where child would be in ordinary course of life.

6. LRE for Preschool Natural environment is defined as including a child's home, day care center or private nursery school and other community settings in which children without disabilities participate.

7. LRE for Preschool The LRE for preschoolers can be accomplished in a variety of settings, including Head Start, local child care centers, and programs in district elementary schools.

8. LRE for EI Case demonstrating broadening of natural environment concept in EI. In Andrew M. and Deirdre M. ex rel. P.M. and R.M. v. Delaware County Office of Mental Health and Mental Retardation, 48 IDELR 30 (3d Cir. 2007). The agency had to provide compensatory services after failing to provide early intervention services to 2-year-old twins at their private preschool. 48 IDELR 30

9. LRE for Preschool OSEP has taken the position that states are not mandated to fund the placement of typical students at preschools for students with disabilities in order to create an integrated setting. 64 Fed. Reg. 12406, 12639 (1999). Accord Letter to Neveldine, 22 IDELR 630 (OSEP 1994); Letter to Burke, 211 IDELR 133 (OSEP 1979). 22 IDELR 630 211 IDELR 133 Other options are available, including private schools.

10. LRE for Preschool But, schools must ensure LRE mandate is met. Parents were entitled to reimbursement for the reasonable costs of ABA services and a supplementary aide because the district's proposed preschool setting was not the child's LRE. L.B. and J.B. ex rel. K.B. v. Nebo Sch. Dist., 41 IDELR 206 (10th Cir. 2004). The child benefited more from her parents' mainstream placement in a private preschool than she would have from the district's "hybrid" classroom.41 IDELR 206

11. LRE for Preschool Parents who insisted that their preschool daughter should be provided a program in a preschool with typically developing peers were successful in showing that the district did not offer their child a program in the LRE. Child Development Services, Androscoggin County, 45 IDELR 51 (SEA ME 2005). 45 IDELR 51 The district claimed it was not allowed to pay for tuition costs at typical preschools that were not approved to provide special education services through a contract with the district…

12. LRE for Preschool Neither state nor regional payment policies can be drafted or applied so as to alter the LRE mandate contained in the IDEA and state special education law. District was required to provide LRE.

13. LRE in Preschool Because a district was unable to prove a preschool child with PDD could not benefit from a regular education setting, it had to reimburse the parents for tuition costs of a private mainstream program and offer related services at that site. Caldwell-West Caldwell Bd. of Educ., 36 IDELR 118 (SEA NJ 2002). Additionally, the district denied the child FAPE when an administrator unilaterally overruled the placement decision of its IEP team. 36 IDELR 118

14. LRE in Preschool If LRE is more restrictive, still have to ensure access to the general education curriculum.

15. LRE Options Participation (even part time) of preschool children with disabilities in other preschool programs operated by public agencies (such as Head Start). Placing children with disabilities in private school or other governmental or private agency programs that integrate children with disabilities and nondisabled children. Locating classes for preschool children with disabilities in regular elementary schools.

16. Continuum of Options 34 CFR 300.115 Each district must ensure that a continuum of alternative placements is available to meet the needs of its students with disabilities for special education and related services.

17. Continuum of Options The continuum must include instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions; and Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

18. Continuum of Options 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 outside of the regular educational environment must maximize opportunities for the student to interact with typical peers.

19. Continuum of Options Failure to consider less restrictive options and be able to document consideration of LRE can result in liability. See. Lancaster- Lebanon Intermediate Unit #13, 4 ECLPR 475,103 LRP 20344 (2003). The IHO awarded reimbursement for the parents' unilateral placement of their child in a general preschool setting with children who did not have disabilities…

20. Continuum of Options The district's IEP was deficient because it failed to present data of the child's performance in any natural setting against which the IHO could compare the child's goal attainment. And the child's placement was inappropriate because the district failed to consider placing the child in a preschool with appropriate role models for the development of language and social skills.

21. Continuum of Options Placements in restrictive/non-natural environments cannot be defended without data that shows child cannot be satisfactorily educated in LRE with supplementary aids and services.

22. Continuum of Options parents of disabled students must be informed (prior written notice) that the district is required to have a full continuum of placement options; and What options were considered and the reasons for rejecting the options. 34 CFR 300.503

23. Questions?