SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 7

Information on Least Restrictive Environment

From a 13-Chapter Manual

Available by Chapter and in Manual Form

Written by:

Community Alliance for Special Education (CASE)

and

Protection and Advocacy, Inc. (PAI)

Copyright © 1992 by CASE and PAI

Ninth Edition

Revised December 2005

Written permission of the Community Alliance for Special Education (CASE) and Protection and Advocacy, Inc. (PAI) must be obtained for duplication of the materials contained in Special Education Rights and Responsibilities.

These materials are based on special education laws and court decisions in effect at the time of publication. Federal and state special education law can change at any time. If there is any question about the continued validity of any information in the handbook, contact CASE, PAI or a legal authority in your community.

 

Federal special education law was significantly amended by Congress in 2004 and will be further clarified by regulations from the U.S. Department of Education in 2006. The California Education Code has been amended to reflect some of the federal law changes but not all.  In certain circumstances where it provides greater protections or entitlements, California law will continue to control special education pupils’ rights unless it is amended to completely conform to federal law.

CASE and PAI will monitor the development of conforming state law and regulations, so that revised state laws and regulations can be incorporated into later supplements and editions of SERR.

For further information on the development of federal and state law and regulation, or clarification about IDEA implementation, please contact CASE or PAI.

 

Community Alliance for Special Education (CASE) provides legal support, representation, technical assistance consultations, and training to parents throughout the greater San Francisco Bay Area whose children need appropriate special education services. Trained advocates and attorneys assist parents at IEP meetings, Mediation Conferences and Due Process Hearings. CASE also provides free consultations about special education rights and services to parents and professionals by telephone or face-to-face. CASE is a nonprofit organization serving all children with disabilities who need or may need special education services. For more information, contact:

CASE

 

Protection and Advocacy, Inc. (PAI), is a private, nonprofit organi­zation that protects the legal, civil and service rights of Californians who have develop­mental or mental disabilities. PAI provides a variety of advocacy services, including information and referral, technical assistance, and direct representation. For information or assistance with an immediate problem, call:

PAI

Toll Free: (800) 776-5746

9:00 AM to 5:00 PM - Monday through Friday

 

 

PAI receives funding under the Developmentally Disabled Assistance and Bill of Rights Act and the Protection and Advocacy for Mentally Ill Individuals Act. Any opinions, findings, recommendations or conclusions expressed in this publication are those of the authors and do not necessarily reflect the views of the organizations which fund PAI.

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

TABLE OF CONTENTS

Chapter 1             Information on Basic Rights and Responsibilities

Chapter 2             Information on Evaluations/Assessments

Chapter 3             Information on Eligibility Criteria

Chapter 4             Information on IEP Process

Chapter 5             Information on Related Services

Chapter 6             Information on Due Process Hearings/Compliance Complaints

Chapter 7             Information on Least Restrictive Environment

Chapter 8             Information on Discipline of Students with Disabilities

Chapter 9             Information on Interagency Responsibility for Related Services (AB 3632/882)

Chapter 10        Information on Vocational Education

Chapter 11        Information on Preschool Education Services

Chapter 12        Information on Early Intervention Services

NOTE:              The text in each chapter refers to specific Questions in other chapters by using the titles shown above.

 

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SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 7

Information on Least Restrictive Environment

TABLE OF CONTENTS

Question                                                                                    Page

1.      What does least restrictive environment (LRE) mean?. 1

2.      What do the terms “mainstreaming”, “integration”, “full inclusion” and “reverse mainstreaming” mean?. 1

3.      What are the major legislative and judicial provisions of law underlying the least restrictive environment requirement?. 2

4.      What factors may be important in determining whether my child is being educated to the maximum extent appropriate with her nondisabled peers?. 6

5.      Does the district have to provide aids and services to assist my child’s integration? What if the district says that providing those aids and services is too expensive?. 7

6.      The district told me that my child may not be integrated because he cannot benefit academically from regular class instruction. Is this true?. 9

7.      Must the determination of whether my child would be too disruptive in the classroom be made in light of the possibility of supplementary aids and services to address my child’s behavior?. 10

8.      What sorts of things may I ask for in the way of supplementary aids and services to assist my child in the regular classroom?. 11

9.      If my child is not placed in a regular classroom, does the district have any least restrictive environment obligations with regard to my child’s education?. 12

10.   Are there any factors that the district may not consider in determining what the least restrictive educational environment for my child would be?. 12

11.   If my child cannot benefit from the regular academic program, can he participate in other school programs?. 13

12.   When I develop my child’s IEP, how can I include services and placement in the least restrictive environment? How can the IEP team write this specifically?. 13

13.   What can be done in the IEP document to better ensure both an inclusive regular class placement and an appropriate program for my child?. 17

14.   How can I extend integration outside the school grounds and into the community?. 18

15.   What if the only educational placement my school district has available for my child is a special center for students with disabilities operated by the county?. 19

16.   What must school districts do to ensure that programs in the least restrictive environment are available to meet the needs of all students?. 20

17.   Can the nature or severity of my child’s disability be used to justify a segregated educational setting?. 21

18.   Does “least restrictive environment” apply to students in public institutions, residential or nonpublic school placements?. 22

19.   Does regular education staff have to cooperate in providing my child with integration, full inclusion and mainstreaming opportunities?. 22

20.   Can the lack of a willing regular education teacher prevent my child from being educated in a regular classroom?. 24

21.   If I think my child’s right to an education in the least restrictive environment is being denied, what can I do?. 24

22.   Can a hearing officer order a school district to start a new classroom to ensure placement in the least restrictive environment?. 25

23.   How can I ensure that my district or county is moving toward an effective model of integrated services for all students with disabilities?. 25

24.   What if my school district tells me that my child can only get related services if she attends school on a segregated site?. 26

25.   I think my child could be in regular classes at least part of the day if she could be in the resource class the rest of the day. The school district says that the maximum time my child can be in a resource class is 50 percent of the school day. Is that true?. 27

26.   The school district says it will lose money if it places my child in a regular class more than half of the school day instead of in a special class. Is that true?. 27

27.   What can I do to help make sure the supplementary aids and services my child needs in order to be appropriately served in regular education classrooms or other environments are provided?. 28

28.   Must I write a letter requesting allocation of funds for supplementary aids and services in order to be entitled to them?. 29

29.   I was not aware of the SELPA budget plan development process or the time lines. Will it do any good to request an allocation for supplementary aids and services for my child after the SELPA budget plan has been approved and the budget year has begun?. 29

30.   My child is preschool age. Do the least restrictive environment requirements apply to my child? What if my district does not offer any preschool for children without disabilities; how will my child be able to integrate with any nondisabled children?. 29

31.   Do the 1997 amendments to the federal law have any impact on the school district’s duty to educate my child in the least restrictive environment?. 30

32.   I would like to have my child placed in a regular class, but the school said my child has to prove himself capable of handling the subjects and activities of the regular class before it will consider placing him there, is this correct?. 31

33.   My child is transitioning out of school and special education and into more adult programming opportunities, do the requirements for programming to the maximum extent appropriate with nondisabled peers apply to transitioning students as well?. 32

34.   My child is integrated into the regular classroom during the regular academic year. Should that integrated programming be available during the extended school year?. 32

35.   During the IEP meeting, the district told me that the function of the IEP team was to determine what my child’s present educational levels are and what his goals and services should be, but that it was then up to the district to determine the placement that would be best to implement the IEP. Is that correct?. 33

Appendix I Indicators of Fully Inclusive Programs for Students with Disabilities. 1

 

SPECIAL EDUCATION RIGHTS AND RESPONSIBILITIES

Chapter 7

Information on Least Restrictive Environment

1.              What does least restrictive environment (LRE) mean?

Least Restrictive Environment (LRE) is the requirement in federal law that children with disabilities receive their education, to the maximum extent appropriate, with nondisabled peers and that special education pupils are not removed from regular classes unless, even with supplemental aids and services, education in regular classes cannot be achieved satisfactorily. [20 United States Code (U.S.C.) Sec. 1412(a)(5)(A).]

2.              What do the terms “mainstreaming”, “integration”, “full inclusion” and “reverse mainstreaming” mean?

Mainstreaming refers to placement of a student with disabilities into ongoing activities of regular classrooms so that the student receives education with nondisabled peers — even if special education staff must provide supplementary resource services.

Integration includes mainstreaming into regular classes and access to, inclusion, and participation in the activities of the total school environment. Integration combines placement in public schools with ongoing structured and non-structured opportunities to interact with nondisabled, age-appropriate peers. A student with severe disabilities should be able to participate in many general school activities — such as lunch, assemblies, clubs, dances or recess. The student should also be able to participate in selected activities in regular classes — such as art, music, or computers. The student should also be able to participate in regular academic subjects in regular classes if appropriate curriculum modifications are made and adequate support is provided. The student should be able to use the same facilities as nondisabled students — including hallways, rest rooms, libraries, cafeterias and gymnasiums.

“Integration” can refer to integration of a special education student into a regular education classroom in the same sense as in “mainstreaming.” However, “integration” also refers to placement of a student in special education classes located on integrated campuses (that is, campuses that have both special and regular education classes). An “integrated” placement includes systematic efforts to maximize interaction between the student with disabilities and nondisabled peers.

Full inclusion refers to the total integration of a student with disabilities into the regular education program — with special support. In full inclusion the student’s primary placement is in the regular education class. The student has no additional assignment to any special class for children with disabilities. Thus, the student with disabilities is actually a member of the regular education class. The student is not being integrated or mainstreamed into the regular education class from a special day class. The student need not be in the class 100% of the time, but can leave the class to receive supplementary services such as speech or physical therapy. For a proposed list of characteristics of a “Full Inclusion” approach to integrated special education programming, see Appendix I.

Reverse mainstreaming refers to the practice of giving a student who is placed at a segregated school site, in a segregated classroom, or who resides in and attends school at a state hospital opportunities to interact with nondisabled children. It brings nondisabled children to a segregated site or to state hospital classrooms for periods of time to work with or tutor children with disabilities. School districts should not attempt to fulfill the LRE mandate by using reverse mainstreaming exclusively. They should make systematic efforts to get special education students out of special classrooms and into the school’s integrated environments. Reverse mainstreaming alone is an artificial means of integration. The IEP team should consider placements that encourage more natural interaction with nondisabled peers.

Special and regular educators must make innovative and systematic efforts to promote positive interactions between students with disabilities (both severely disabled and learning disabled) and their nondisabled peers.

3.              What are the major legislative and judicial provisions of law underlying the least restrictive environment requirement?

Federal law provides that each local education agency must ensure that:

...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, and 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. [34 Code of Federal Regulations (C.F.R.) Sec. 300.550(b)(1) and (2); 20 U.S.C. Sec. 1412(a)(5)(A); California Education Code (Cal. Ed. Code) Sec. 56364.]

In addition to the requirement quoted above, Congress has recognized that a state’s method of funding special education services can sometimes encourage school districts to place children in specialized settings because of the potential to receive more money. Because of this danger, Congress now requires states to develop policies and procedures to assure that their funding systems, if based on type of setting, do not violate the requirements of education in the least restrictive environment. [20 U.S.C. Sec. 1412(a)(5)(B).]

In its 1997 amendments to the federal special education laws, Congress has specifically recognized the importance and benefits of education of special education students in regular classes and environments. See 20 U.S.C. Sec. 1400(c)(5)(A) and (D). Beginning in July 1998, Congress required that IEPs include a statement describing how the child’s disability affects his involvement and progress in the general curriculum and a statement of annual goals, including benchmarks or short-term objectives that are related to enabling the child to be involved and progress in the general curriculum. [20 U.S.C. Sec. 1414(d)(1)(A)(i) and (ii); 34 C.F.R. Sec. 300.347(a)(2).] The statement of services in the IEP must also include statements of:

(1)           The supplemental aids and services to be provided for the child; and

(2)           The program modifications and supports for school personnel to be provided for him to be involved, progress in the general curriculum, and participate in extracurricular and nonacademic activities. [20 U.S.C. Sec. 1414(d)(1)(A)(iii); 34 C.F.R. Sec. 300.347(a)(3).]

The U.S. Department of Education (USDOE) issued new regulations in March 1999 that further clarify the responsibility of schools to educate children with disabilities in the least restrictive environment. The USDOE also published its discussion and rationale for making certain changes to regulations governing the least restrictive environment, among other topics.