Frequently Asked Questions
Table of Contents
What is Least Restrictive Environment (L.R.E.)?
Where can I find support, gain knowledge of my or my
child’s rights concerning L.R.E.?
Who is responsible for making placement decisions during or
before the I.E.P. takes place?
Can my child be included in general education if they are
not performing at grade level?
Does the level of supports or services needed by a child
determine the need for placement in a segregated setting versus the general
education classroom?
What can I do if I don’t agree with a decision made
at the I.E.P.?
What did Congress find and what does the law specifically
say about L.R.E.?
What do all the acronyms stand for and what do they mean?
If I disagree with a current in school evaluation, is
there anything I can do?
What is Least Restrictive Environment
(L.R.E.)?
Individuals
with Disabilities Act (IDEA, 2004) – Sec. 612, a, 5
Least Restrictive Environment –
(A) “IN GENERAL –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 education 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,”
Where can I find
support, gain knowledge of my or my child’s rights concerning L.R.E.?
IDEA
Resources
Parents Reaching
Out,
http://www.parentsreachingout.org/
http://www.parentsreachingout.org/pdf/english/handbook.pdf
http://www.parentsreachingout.org/pdf/spanish/SpanishHandbook.pdf
New
Mexico Public Education Department
Ø
Link
of New Mexico Public Education Department “especially for parents”
http://www.ped.state.nm.us/seo/parents/index.htm
Least Restrictive Environment (L.R.E.)
Assessment and Planning Tool
http://www.ped.state.nm.us/seo/lre/lre.faq.pdf
http://www.ped.state.nm.us/seo/lre/training.htm
Who is responsible for
making placement decisions during or before the I.E.P. takes place
Placement
decisions are determined at the I.E.P. team meeting, not before.
All placement decisions are based on the input of all the team members
(teachers, therapists, parents, the student, and additional professionals where
applicable)
From Wrightslaw website:
http://www.wrightslaw.com/info/lre.faqs.inclusion.htm
Which factors legally must be considered in
determining appropriate placement for a student with a disability? Which if any
factors may not be considered?
ANSWER:
The overriding rule in placement is that each student's placement must be
individually- determined based on the individual student's abilities and needs,
and it is the individualized program of instruction and related services
reflected in each student's IEP that forms the basis for the placement
decision. In determining if a placement is appropriate under IDEA, the
following factors are relevant:
the educational benefit to the student
from regular education in comparison to the benefits of special education;
the benefit to the disabled student from
interacting with non-disabled students; and
the degree of disruption of the education of
other students resulting in the inability to meet the unique needs of the
student with a disability.
However, school districts may not
make placements based on factors such as the following:
category of disability;
the configuration of the delivery
system,;
the availability of educational or
related services;
availability of space; or
administrative convenience.
Placement
in the Least Restrictive Environment (LRE): Understanding and Making the Placement Decision
http://www.ped.state.nm.us/seo/lre/lre.booklet.pdf
Can my child be included in general education if they are not performing at grade level?
Yes!
The
IDEA (2004) states that children with disabilities must be educated in the
“least restrictive environment (L.R.E.) to the maximum extent appropriate and
removal from this setting only occurs when the child cannot be successfully
educated with the use of supplementary services or aids.”
Further, as noted below from the Wrightslaw
website, in the case of Board of Education v. Rowley, 458
The
law also states that children will be educated in the “general education
curriculum” stating that children have access to age appropriate curricula
although the curricula and goals may be modified.
·
IDEA
(2004) Sec 601 (c) (1)
·
“Almost
30 years of research and experience has demonstrated that the education of
children with disabilities can be made more effective by –
§
(A)
having high expectations for such children and ensuring their access to the
general education curriculum in the regular classroom, to the maximum extend
possible in order to-
·
(i)
meet developmental goals, and to the maximum extent possible, the challenging
expectations that have been established for all children; and
·
(ii)
be prepared to lead productive and independent adult lives, to the maximum
extent possible.
·
(D)
providing appropriate special education and related services, and aids and
supports in the regular education classroom, to such children, whenever
appropriate;
This
being said, there is nothing that states the children must be performing at the
same level as their peers in order to fully participate and be included in the
regular education classroom. All children have a right to access the general
education setting, be educated with their peers, and have access to supports
and services that make the experience positive and successful. Parents and
children do not have to “choose” between the regular education classroom or
special education supports. Special education is a service not a place and
services are delivered in the least restrictive environment for each child.
·
IDEA
(2004) Sec 601 (c) (1)
§
“Disability
is a natural part of the human experience and in no way diminishes the right of
individuals to participate in or contribute to society. Improving educational
results for children with disabilities is an essential element of our national
policy of ensuring equality of opportunity, full participation, independent
living, and economic self-sufficiency for individuals with disabilities.”
From Wrightslaw website: http://www.wrightslaw.com/law/caselaw/case_walzak_flfreeunion_2d.html
1. IDEA
IDEA is the most recent Congressional enactment in "an ambitious
federal effort to promote the education of handicapped children." Board
of Educ. v. Rowley, 458
Because the law expresses a strong preference for children with
disabilities to be educated, "to the maximum extent appropriate,"
together with their non- disabled peers, 20 U.S.C. § 1412(5), special education
and related services must be provided in the least restrictive setting
consistent with a child's needs. Only "when the nature or severity"
of a child's disability is such "that education in regular classes with the
use of supplementary aids and services cannot be achieved satisfactorily"
should a child be segregated.
Does the level of supports or services needed by a child determine the need for placement in a segregated setting versus the general education classroom?
No,
placement is determined by the needs for each individual child in relation to
the law.
·
From
Wrightslaw website: http://www.wrightslaw.com/info/lre.faqs.inclusion.htm
·
Federal
law does not permit an either/or approach to placing a student with a
disability in the LRE. If a school district determines that the IEP of a student
who was placed in a separate facility could be implemented in the regular
educational environment with appropriate aids and services, IDEA's LRE
provisions require that those aids and services must be provided. The
entitlement of each disabled student to a free appropriate public education
requires a school district to provide the student with the instruction and
services reflected in that student's IEP regardless of the setting in which
that student is placed.
·
However,
school districts may not make placements based on factors such as the
following:
§
category
of disability;
§
the
configuration of the delivery system,;
§
the
availability of educational or related services;
§
availability
of space; or
§
administrative convenience.
What can I do if I don’t
agree with a decision made at the I.E.P.?
There
are several actions that individuals can take if you find yourself in a
dispute:
Link to procedural safeguard memo from New
Mexico Public Education Department:
http://www.ped.state.nm.us/seo/library/parentrights.pdf
You can seek mediation:
http://www.ped.state.nm.us/seo/dispute/MediationFactSheet.pdf
IDEA (2004) Sec 615 (e) Mediation
1. IN GENERAL- Any State
educational agency or local educational agency that receives assistance under
this part shall ensure that procedures are established and implemented to allow
parties to disputes involving any matter, including matters arising prior to
the filing of a compaint pursuant to subsection 9b)96), to resolve such
disputes through a mediation procress.
2. REQUIREMENTS- Such
procedures shall meet the following requirements:
A. The procedures shall
ensure that the mediation process-
i.
is
voluntary on the part of the parties
ii.
is
not used to deny or delay a parent’s rights to a due process hearing under
subsection (f), or to deny any other rights afforded under this part; and
iii.
is
conducted by a qualified and impartial mediator who is trained in effective
mediation techniques.
You can meet with a “disinterested party”
http://www.ped.state.nm.us/seo/dispute/resolution.session.fact.sheet.pdf
IDEA (2004) Sec 615 (e)
B. Opportunity to meet with
a disinterested party- A local educational agency or a State agency may
establish procedures to offer to parents and school that choose not to use the
mediation process, an opportunity to meet, at a time an dlocation convenient to
the parents, with a disinterested party who is under contract with-
i.
A
parent training and information center on community parent resource center n
the State established under section 671 or 672; or
ii.
An
appropriate alternative dispute resolution entity, to encourage the use, and
explain the benefite, ot the mediation process to the parents
NOTE: (C) The State shall bear the cost
of the mediation process
NOTE: (G) Discussions that occur during
the mediation process are to be kept
confidential and may not
be used in subsequent hearing or civil proceedings
You can request an Sec 615 (f)“impartial due
process hearing-
http://www.ped.state.nm.us/seo/dispute/resolution.session.fact.sheet.pdf
1) IN GENERAL-
A. HEARING-Whenever a
complaint has been received under subsection (b)(6) or (k), the parents have an
opportunity for an impartial due process hearing, which shall be conducted by
the State educational agency or by the local educational agency, as determined
by State law or by the State educational agency.
If you find you are in a dispute: See Parents Reaching out
Handbook (pp.63-77)
http://www.parentsreachingout.org/pdf/english/handbook.pdf
Additional information can be found here
in mediation, due process, and civil action
Provides legal resource guide
Information regarding requesting an
independent educational evaluation (IEE)
Displays sample
letters and gives instruction on how and when to utilize
What did Congress find and what does the
law specifically say about L.R.E.?
IDEA
(2004) Sec 601 (c) (1)
·
“Disability
is a natural part of the human experience and in no way diminishes the right of
individuals to participate in or contribute to society. Improving educational
results for children with disabilities is an essential element of our national
policy of ensuring equality of opportunity, full participation, independent
living, and economic self-sufficiency for individuals with disabilities.”
·
“Almost
30 years of research and experience has demonstrated that the education of
children with disabilities can be made more effective by –
§
(A)
having high expectations for such children and ensuring their access to the
general education curriculum in the regular classroom, to the maximum extend
possible in order to-
·
(i)
meet developmental goals, and to the maximum extent possible, the challenging
expectations that have been established for all children; and
·
(ii)
be prepared to lead productive and independent adult lives, to the maximum
extent possible.
·
(D)
providing appropriate special education and related services, and aids and
supports in the regular education classroom, to such children, whenever
appropriate;
What do all the acronyms stand for and
what do they mean?
Look
up this handy link. This link lists several of the most commonly used acronyms
and their definitions!!!
http://www.ped.state.nm.us/seo/directory/Acronym.Primer.2005.booklet.doc
Who makes up the I.E.P. team?
The
team consists of the parents and child (where applicable), related service
providers that work with the child, a regular and special education teacher, a
representative of the school who is qualified and knowledgeable in regards the
child’s individual needs, and other individuals deemed necessary to obtain the
most complete picture of the child’s strengths and areas of concern.
IDEA
(2004) Sec 614 (d) (1) (B) states:
“INDIVIDUALIZED
EDUCATION PROGRAM TEAM – The tern ‘individualized education program team’ or
‘IEP team’ means a group of individuals composed of-
(i)
the
parents of the child with the disability
(ii)
not
less than 1 regular education teacher of such child (if the child is, or may
be, participating in the regular education environment
(iii)
not
less than 1 special education teacher, or where appropriate, not less than 1
special education provider of such child
(iv)
a
representative of the local education agency who-
I.
is
qualified to provide, or supervise the provision of, specifically designed
instruction to meet the unique needs of children with disabilities
II.
is
knowledgeable about the general education curriculum; and
III.
is
knowledgeable about the availability of resources
of the local education agency
(v)
an
individual who can interpret the instructional implications of evaluation
results, who may be a member of the team described in clauses (ii) through
(vi);
(vi)
at
the discretion of the parent or the agency, other individuals who have
knowledge or special expertise regarding the child, including related service
personnel as appropriate; and
(vii) whenever appropriate,
the child with the disability”
If I disagree with a current in school
evaluation, is there anything I can do?
Yes, according to IDEA (2004) you can
request an Independent Educational Evaluation (IEE) at public expense or seek
to submit a private evaluation to the child’s permanent educational record.
Cited in Parent’s Reaching Out Handbook –
Under Parent’s Rights in Special Education Section
Ҥ 300.502 Independent
Educational Evaluation
(a) General.
(1) The parents of a child with
a disability have a right under this part to obtain an independent educational evaluation
of the child subject to paragraphs (b) through (e) of this section.
(2) Each public agency shall
provide to parents, upon request for an independent educational evaluation,
information about where an independent educational evaluation may be obtained,
and the agency criteria applicable for independent educational evaluations as
set forth in paragraph (e) of this section.
(3) For the purposes of this
part-
(i) Independent educational evaluation means an evaluation conducted by a qualified examiner
who is not employed by the public agency responsible for the education of the
child in question; and
(ii) Public expense means that the public agency either pays for the full
cost of the evaluation or ensures that the evaluation is otherwise provided at
not cost to the parent, consistent with § 300.301.
(b) Parent right to evaluation at public expense.
(1) A parent has a right to an
independent educational evaluation at public expense if the parent disagrees
with an evaluation obtained by the public agency.
(2) If a parent request an
independent evaluation at public expense, the public agency must without
unnecessary delay, either-
(i) Initiate a hearing under §
300.507 to show that its evaluation is appropriate; or
(ii) Ensure that an independent educational
evaluation is provided at public expense, unless the agency in a hearing under
§ 300.507 that the evaluation obtained by the parent did not meet agency
criteria.
(3) If the public agency
initiates a hearing and the final decision is that the agency’s evaluation is
appropriate, the parent still has a right to an independent evaluation, but not
at public expense.
(4) If a parent request an
independent educational evaluation, the public agency may ask for the parent’s
reason why he or she objects to the public evaluation. However, the explanation
by the parent may not be required and the public agency may not
unreasonably delay either
providing the independent educational evaluation at public expense or
initiating a due process hearing to defend the public evaluation.
(c) Parent-initiated evaluations. If the parent obtains an independent educational
evaluation at private expense, the results of the evaluation-
(1) Must be considered by the
public agency, if it meets agency criteria, in any decision made with respect
to the provision of FAPE to the child; and
(2) May be presented as evidence
at a hearing under this subpart regarding the child.
(d) Request for evaluations by hearing officers. If a hearing officer request an independent
educational evaluation as part of a hearing, the cost of the evaluation must be
at public expense.”
Last revised: