This document was developed by: Statewide LRE Network. Used with permission.
IntroductionThe least restrictive environment (LRE) requirements of Part B of the Individuals with Disabilities Education Act (IDEA ’97) have been included in the law since 1975. These requirements continue to generate complex and interesting questions from the district and campus staff. IDEA ‘97 gives every child with disabilities the right to a free and appropriate public education (FAPE). States and local education agencies are to provide this education in the LRE, so that students with disabilities are taught with their nondisabled peers to the maximum extent appropriate.
This question and answer document was designed to provide current information about LRE to ensure that the applicable requirements of IDEA ’97 that govern the education of students with disabilities are accurately understood and properly implemented. This question and answer document consolidates federal (IDEA ’97 and federal regulations) and state (State Board of Education and Commissioner’s Rules and Texas Education Code) requirements regarding LRE. We encourage you to disseminate this document to a wide range of educators and parents throughout your district.
Questions and Answers
(1) What are the least restrictive environment (LRE) requirements of Part B of IDEA’97? (2) What does “maximum extent appropriate” mean? (3) What are supplementary aids and services (SAS)? (4) What does the term continuum of alternative placements mean? (9) How does severity of disability impact the right to placement on the student’s home campus? (10) What considerations should the ARD committee give to “harmful effects”? (13) How often is LRE a consideration for student placement? (14) What factors may not be considered when determining the placement of a student? (16) What is “access to the general education curriculum”? (17) What is the difference between a modification/ adaptation and accommodation? (18) Who is responsible for implementing modifications? (19) How does a general education teacher document modifications? (21) How are LRE requirements met for preschool students? (22) What are the LRE considerations for students moving from one grade level to the next? (23) What are the LRE issues for students moving from school to career? (24) What does 125% ratio mean for school districts?
(1) What are the least restrictive environment (LRE) requirements of Part B of IDEA’97? The LRE provision of the IDEA ’97 according to Code of Federal Regulations (CFR) §300.550 means that each local education agency (LEA) shall ensure 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 not disabled. 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 of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
(2) What does “maximum extent appropriate” mean? The admission, review, and dismissal (ARD) committee is responsible for identifying the student’s needs and the appropriate placement in which these needs can be met. Placement decisions should begin with the least restrictive environment, i.e., the general education classroom without, or if necessary, with supplementary aids and services. All possible placement alternatives should be considered to ensure that services are delivered in the LRE.
(3) What are supplementary aids and services (SAS)? CFR §300.28 defines supplementary aids and services as: Aids, services, and other supports that are provided in regular education classes or other education-related settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with §§300.550-300.556.
This support for teachers and students includes, but is not limited to, direct instruction, helping teacher, team teaching, co-teaching, interpreter, education aides, curricular or instructional modifications/accommodations, special materials/equipment, consultation, staff development, monitoring a student’s progress in regular education classes, reduction of ratio of students to instructional staff, or other direct or indirect services needed to implement the IEPs of students receiving special education services in this instructional arrangement. This support shall be designed to enrich education in order to enable success of all students.
(4) What does the term continuum of alternative placements mean? According to federal law 34 CFR §300.551, each LEA must ensure that a continuum of alternative placements is available to meet the needs of students with disabilities for special education and related services. The continuum required in subsection (a) of section 300.551 must include the alternative placements listed in the definition of special education under §300.26 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and make provisions for supplementary aids and services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.
Pursuant to Texas Administrative Code (TAC) §89.63, available instructional arrangements/settings must include:
The requirements to educate individuals with disabilities with nondisabled peers also applies to individuals in public and private institutions, charter schools, or other care facilities. Since the requirement specifies that each LEA and charter school shall locate, identify, and evaluate all private school children with disabilities (34 CFR §300.451), placement decisions must be made on an individual basis ensuring LRE.
Under IDEA ’97, the student’s IEP provides the basis for the student’s placement decision. The placement decision is made after the IEP is established. There is a requirement to incorporate in the student’s IEP a statement of measurable annual goals, including benchmarks or short-term objectives, the student’s present level of educational performance, and an explanation if the student will not participate in the general education classroom and/or curriculum. The evidence of discussion of the LRE must be documented clearly through ARD/IEP forms and minutes.
According to 34 CFR §300.550, removal of students with disabilities from the general education environment occurs only if the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.
If students are receiving special education services outside the general education classroom, the ARD committee must document the following: (a) a description of previous efforts to educate the student in a general education classroom with supplementary aids and services and the reason(s) those efforts were not successful; (b) a description of the ARD committee’s consideration of educating the student in a general education environment with supplementary aids and services and the reason(s) these options were rejected; (c) if applicable, a description of the behavior management program needed by the student and the reason(s) it cannot be implemented in a general education classroom; (d) a description of the instructional methods or the curriculum which the student needs and the reason(s) it cannot be implemented in a general education classroom; (e) a description of the student’s disability conditions and educational needs and an explanation of why those disability conditions and educational needs require placement other than in the general education classroom.
ARD committees should consider the length of time allowed for a general education placement to be tried. Six weeks may not be long enough for the student to adjust.
ARD committees are required to justify any placement, and must ensure that students with disabilities are educated with their nondisabled peers to the maximum extent appropriate.
If students are receiving special education services in any placement other than the student’s home campus, the ARD committee must document the following: (a) a description of the nature and severity of the disability and the reason(s) the condition(s) could not be accommodated on campuses with students without disabilities; (b) a description of the student’s need for special education and related services which cannot be provided on campus with students without disabilities; (c) a description of previous unsuccessful placement(s) on campuses with students without disabilities and the reason(s) the student was unsuccessful in the previous placement; (d) if applicable, a description of the behavior management program needed by the student and the reason(s) it cannot be implemented on a regular campus.
(9) How does severity of disability impact the right to placement on the student’s home campus? If placement other than on the home campus is recommended, the ARD committee documents the specific supplementary aids and services considered or tried to support the student on the home campus and why they were rejected. Therefore, unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he/she would attend if nondisabled.
(10) What considerations should the ARD committee give to “harmful effects”? Consideration should be given to any potential harmful effects on the student or quality of services that he/she needs when placement is determined (34 CFR §300.552). Consideration should be given to both of the following criteria:
(a) any potential harmful effects on the student with disabilities if the student is removed from general education classes; (b) any potential harmful effects on the quality of services provided to the student with disabilities if the student is removed from general education classes. Consideration of potential harmful effects could be documented in a variety of ways, including documentation of potential harmful effects included in a checklist, narrative, or other evidence that describes one of the situations above. A statement that “the ARD committee reviewed potential harmful effects” is not sufficient documentation unless the ARD committee has described the specific potential harmful effects that were discussed.
If the child’s behavior in the general education classroom, even with the provision of appropriate behavioral supports, strategies or interventions, would significantly impair the learning of others, that placement would not be appropriate for that child.
According to Daniel R.R. v. State Board of Education, 874 F.2d 1036 (5th Cir. 1989) the ARD committee must: (a) determine whether the student’s behavior is so disruptive to the rest of the class that the education of other students is significantly impaired; (b) determine whether the student with a disability requires so much of the teacher’s time that the needs of other students may be ignored; (c) consider the use of supplementary aids and services to address both of these issues (i.e. use of a paraprofessional); (d) determine that the student’s behavior is so disruptive or the student will monopolize the teacher’s time to the detriment of other students, and the district has considered or implemented supplementary aids and services, then the district may determine that the general education classroom is not the appropriate setting for the student with a disability.
A change of placement occurs if: (a) the removal is for more than 10 consecutive school days; or (b) the child is subjected to a series of removals that constitute a pattern because they cumulate to more than 10 school days in a school year, and because of factors such as the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another. (34 CFR §§300.519).
(13) How often is LRE a consideration for student placement? Placement is reviewed each year at a minimum. General education should be the first consideration on a yearly basis (34 CFR §300.552).
(14) What factors may not be considered when determining the placement of a student? ARD committees may not make placements based solely on the following factors: (a) Category of disability (b) Severity of disability (c) Configuration of delivery system (d) Availability of educational or related services (e) Availability of space (f) Administrative convenience
A child with a disability must not be removed from education in age-appropriate general education classrooms solely because of needed modifications in the general education curriculum (34 CFR §300.552(e)).
(16) What is “access to the general education curriculum”? 34 CFR §300.347(b) requires that the IEP include a statement of measurable annual goals, including benchmarks or short term objectives, related to: (a) meeting the child’s needs that result from the child’s disability to enable the child to be involved in and progress in the general curriculum and (b) meeting each of the child’s other educational needs that result from the child’s disability. Accordingly, IDEA ’97 requires the ARD committee to determine and provide the accommodations, modifications, supports, and supplementary aids and services needed by each child with a disability to successfully be involved in, and progress in the general curriculum while achieving the goals of the IEP.
In Texas, the Texas Essential Knowledge and Skills (TEKS) are the curriculum standards that provide the basis for curriculum design.
(17) What is the difference between a modification/ adaptation and accommodation? Although there are no legal definitions of the terms modification, adaptation, and accommodation, the following best practice definitions are widely accepted: Accommodations- the provisions made in the delivery of instruction in order for a student to access and/or demonstrate learning in a content area. Accommodations: -do not substantially change the instructional level or content; -provide students with equal access to learning; -provide students with equal opportunities to demonstrate what is known; -are based on individual strengths and needs; and -may vary in intensity and degree. Modifications- change in what the student is expected to learn and demonstrate in the content areas. Modifications can change: -the instructional level; -the benchmark or time required to learn a skill or concept; -the number of key skills or concepts to be mastered within a time period, benchmark, or unit of study; and/or -content. In order for students to obtain accommodations on TAAS or accommodation/ modifications on the TAAS Alternative Assessment, those accommodations/ modifications must be stated in the student’s IEP.
(18) Who is responsible for implementing modifications? Any accommodations / modifications that are indicated on the IEP are the individual responsibility of the educator delivering instruction. According to 34 CFR §300.347(a)(3), a statement of the program modification or supports for school personnel that will be provided for the child must be listed in the IEP. Each child’s IEP must be accessible to the child’s teachers and service providers, and each teacher and service provider must be informed of specific responsibilities related to implementing the IEP and of needed accommodations, modifications, and supports for the child.
(19) How does a general education teacher document modifications? The DEC Reference Guide states the following:
The ARD committee determines who will be responsible for providing grades. This information is determined during the ARD meeting. A teacher may make minor instructional modifications without an ARD committee meeting, if such modifications are helpful and consistent with the ARD committee’s established goals and objectives. However, the teacher may not amend grading criteria without concurrence of the ARD committee. (The discussion of §300.347(a)(7) indicates that “using a grade to designate a child’s progress in meeting the IEP objectives does not always lend itself to sufficiently describing progress toward the child’s annual goals.” Therefore, some other specific measure will need to be used.)
(21) How are LRE requirements met for preschool students?</p> The requirements of 34 CFR §300.552 and 34 CFR §300.550-300.556, apply to all preschool children with disabilities ages 3-4 who are entitled to receive FAPE. The placement decision must be -
(a) made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of evaluation data, and the placement options; (b) determined at least annually; (c) based on the child’s IEP or IFSP; and (d) as close as possible to the child’s home.
Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled. Public agencies that do not operate programs for nondisabled preschool children are not required to initiate such programs solely to satisfy the requirements regarding placement in the LRE embodied in 300.550-300.556. For these public agencies, some alternative methods for meeting the requirements include:
(a) providing opportunities for the participation (even part-time) of preschool children with disabilities in other preschool program operated by public agencies (such as Head Start); (b) placing children with disabilities in private school programs for nondisabled preschool children or private school preschool programs that integrate children with disabilities and nondisabled children; and (c) locating classes for preschool children with disabilities in regular elementary schools.
(22) What are the LRE considerations for students moving from one grade level to the next? According to 34 CFR §300.551, each public agency shall ensure that a continuum of alternative placements is available for students as they move from one grade level to another and/or one campus to another. A child with a disability must not be removed from education in age-appropriate general education classrooms solely because of needed modifications in the general education curriculum. Placement decisions should not be based on: (a) administrative convenience; (b) previous year’s placement decision; (c) existing instructional settings and/or programs; (d) lack of support staff and/or resources or space; and (e) lack of staff development and/or training. Placement decisions must be determined at least annually and available to the extent necessary to implement the IEP for each child with a disability.
(23) What are the LRE issues for students moving from school to career? The ultimate goal for all students is to live, learn, work, and participate in their community. According to 34 CFR §300.29, LRE and the transition process provide a framework of a coordinated set of activities designed to promote movement from school to post-school activities. These activities are based on the individual student’s needs, taking into account his/her interests and preferences. Transition services encompass instruction, related services, community experiences, the development of employment and other post-school adult living objectives, and, if appropriate, acquisition of daily living skills and a functional vocational evaluation. In order to achieve their post-school outcomes, the students must have access to, and participate in, the full spectrum of opportunities in the general education curriculum, including Career and Technology Education (CATE) and real work experiences based on the student’s changing and evolving interests.
According to IDEA ’97 and TEC §89.1055, the following must be addressed: (a) Notice of ARD (34 CFR §300.345): beginning at age 14, and annually thereafter, the notice of ARD must indicate that a purpose of the meeting will be the development of a statement of the transition service needs of the student required in 34 CFR §300.347. Beginning at age 16 and annually thereafter, the notice of ARD must indicate that a purpose of the meeting is the consideration of needed transition services for the student required in 34 CFR §300.347.
(b) Student Participation in Transition Planning (34 CFR §300.344): The public agency must invite a student of any age or any disability to an ARD in which a purpose of the meeting is the consideration of transition service needs under 34 CFR §300.347 or the consideration of needed transition services under 34 CFR §300.347. If the student does not attend the meeting, the agency must take other steps to ensure the student’s preferences and interests are considered.
(c) Governmental Agency Participation in Transition Planning (34 CFR §300.344): Additionally, in implementing the requirements of 34 CFR §300.347 and TEC §89.1055, the district must invite a representative of any agency that is likely to be responsible for providing or paying for transition services. If an agency invited to send a representative does not do so, the district must take other steps to obtain the participation of the agency in the transition planning process.
(d) Age 14 and annually thereafter (34 CFR §300.347): beginning at age 14 (or younger if determined appropriate by the ARD committee), and updated annually, the IEP must include a statement of the transition service needs of the child under the applicable components of the child’s IEP that focuses on the child’s courses of study (such as participation in advanced-placement courses or a vocational education program); Additionally, at age 14, the following issues must be considered, and if appropriate, addressed (TEC §89.1055): (1) appropriate student involvement in the student’s life outside the public school system; (2) if the student is younger than 18 years of age, appropriate parental involvement in the student’s transition; (3) any postsecondary education options; (4) a functional vocational evaluation; (5) employment goals and objectives; (6) independent living goals and objectives; and (7) appropriate circumstances for referring a student or the student’s parents to a governmental agency for services.
(e) Age 16 and annually thereafter (34 CFR §300.347): beginning at age 16 (or younger, if determined appropriate by the ARD committee), and updated annually, the IEP must include a statement of needed transition services. If appropriate, this statement must include any interagency responsibilities or linkages.
(f) Age 18 and annually thereafter (TEC §89.1055): As stated above, at age 18, the following issues must be considered, and, if appropriate, addressed: (1) appropriate parental involvement in the student’s transition, if the parent is invited to participate by the student or the school district in which the student is enrolled; and (2) the availability of age-appropriate instructional environments.
(24) What does 125% ratio mean for school districts? Texas Education Code §42.151(j) states that a school district that maintains for two successive years a ratio of full-time equivalent students placed in partially or totally self-contained classrooms to the number of full-time equivalent students placed in resource room or mainstream instructional arrangement that is 25 percent higher than the statewide average ratio shall be reviewed by the agency to determine the appropriateness of student placement. The commissioner may reduce the special education allotment the district receives to the level to which the district would be entitled if the district’s ratio was not more than 25 percent higher than the statewide average ratio.
It is suggested that each LEA obtain a copy of the software available through respective ESCs to generate campus and district placement ratios.
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