1. Least Restrictive Environment (LRE) Kristina Krampe, 2005 EDS 513: Legal Issues in Special Education

2. Introduction to the Presentation Prior to beginning this presentation, you should have read Chapter 12 of Yell’s (2006) The Law and Special Education, 2nd Edition Upon completion of this session, you should be able to discuss the LRE requirements under the IDEA

3. LRE v. Inclusion LRE refers to providing meaningful education to students with disabilities to maximum extent possible in the general education environment Inclusion refers to placement of students with disabilities in the general education environment regardless of their individual needs

4. LRE Mandate Favors integration, but recognizes segregated settings may be necessary for some students Segregation is permissible when use of supplementary aids and services in less restrictive settings are not sufficient to provide appropriate education Applies to students in public and private schools as well as those in care facilities

5. Continuum of Services Represents spectrum of placements where IEP can be implemented Ranges from general education classroom to self-contained classrooms to special schools and institutions May involve placement in a private or charter school or arrangement with another district at home district’s expense

6. Educational Placement Factors to be considered in placement: Needs of the student with a disability Proximity to neighborhood school Access to integration in nonacademic settings Needs of the student’s peers

7. Tests for Determining LRE Roncker Portability Test Can services provided in segregated setting be transported to the general education classroom? Daniel Two-Part Test Can meaningful education be provided in general education classroom with supplementary services and aids? Is the student integrated to the maximum extent possible?

8. Tests for Determining LRE Rachel H. Four-Factor Test How do the educational benefits of the general education classroom with supplementary services and aids compare to those of the segregated setting? What are the nonacademic benefits of the general education classroom? What effect does the student’s presence have on others in the general education classroom? What is the cost associated with provision of services and aids in the general education classroom?

9. Tests for Determining LRE Hartmann Three-Part Test What, if any, are the educational benefits of the general education classroom with supplementary aids and services? Do the educational benefits obtained only in a segregated setting outweigh those in the general education classroom? Is the student with a disability a disruptive force in the general education classroom?

10. Standards for Determining LRE Must be based on student’s individual needs Must weigh benefits (educational and social) of the general education classroom with those received in segregated setting Must consider impact of student’s presence on others in the general education classroom

11. Standards for Determining LRE Must consider provision of FAPE over integration Must involve good faith effort towards inclusion including provision of supplementary services and aids

12. Model for Determining LRE Step 1: Determine eligibility Step 2: Define FAPE Step 3: Determine if services can be provided in general education classroom in its current form Step 4: Determine if services can be provided in general education classroom if it is modified

13. Model for Determining LRE Step 5: Determine at what level on the continuum of placements services can be provided Step 6: Determine at what level on the continuum of placements services can be provided if the setting is modified Step 7: Determine if there are opportunities for integration in the general education classroom during the school day