EXCEPTIONAL CHILDREN DIVISION Least Restrictive Environment LRE 1

EXCEPTIONAL CHILDREN DIVISION Least Restrictive Environment (LRE) 1

LRE REQUIREMENTS 2

History of LRE • LRE has been a part of the federal special education law from its inception – beginning in 1975 • LRE’s basic statutory provision has remained intact for the past 30+ years. 3

Defining LRE Each public agency must ensure that— • To the maximum extent appropriate, children with disabilities are educated with children who are nondisabled and… Adapted from NICHCY 2007 4 NC 1500 -2. 21

Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only… Defining LRE De. LRE …if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Produced by NICHCY 2007 5

Placement decisions must be based on a child’s unique needs and IEP, not on administrative convenience, disability/program label, or allocation of funds. 6

What Are LEA Requirements for LRE? • Each LEA must have a continuum of alternative placements to meet the needs of students with disabilities for special education and related services. • The continuum refers to the entire spectrum of placements where a student’s special education program can be implemented. 7 NC 1501 -3. 2

Defining LRE • The child’s placement is: Placements – Determined at least annually; – Based on the child’s IEP; and – As close as possible to the child's home, unless child’s IEP requires another arrangement. Adapted from NICHCY 2007 8

Defining LRE • Consideration must be given to any potential harmful effect on the child or on the quality of services that the child needs. • A child with a disability may not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum. Produced by NICHCY 2007 Placements 9

Summarizing LRE Special education is not a place. It’s a set of services and supports. Where a child with a disability receives special education services is that child’s placement. Produced by NICHCY The first “where” to consider is the general education environment. 10

Children with disabilities must always be considered general education students first. Produced by NICHCY 11

GENERAL EDUCATION PROGRAM PARTICIPATION 12

THE OPENING QUESTION… Given the age and assigned grade level of the child, and considering ALL of the general education opportunities this child would have if he/she were NOT a child with a disability… How can this child participate and progress in regular classes and nonacademic settings with the use of supplementary aids and services? 13

General Education Program Participation • The LRE consideration on the continuum always begins in the regular education classroom. • The LRE must be considered for the provision of nonacademic and extracurricular services and activities. NC 1501 -3. 4 14

Terminology Nonacademic Settings Each public agency must ensure that: The child has supplementary aids and services determined appropriate and necessary by the child’s IEP Team to participate in nonacademic and extracurricular services and activities. – Examples: meals, recess, assemblies, clubs, athletics 15 NC 1501 -3. 4

Terminology Supplementary aids and services mean aids, services, and other supports that are provided in regular education classes, other education-related settings, and in extracurricular and nonacademic settings to enable students with disabilities to be educated with nondisabled children. 16

Terminology Technical Assistance and Training Activities ensure that teachers and administrators in all public agencies: • Are fully informed about their responsibilities for implementing LRE requirements. • Are provided with technical assistance and training necessary to assist them in this effort. 17

Accommodations ≠ Modifications! 18

Terminology Accommodations • Do not change the construct of the assignment/ assessment • Give student equal access to learning without “watering down” the content • Are not to be provided for score enhancement • Must be aligned or matched between classroom instruction, classroom assessments, district-wide and state-wide assessment 19

Terminology Accommodations allow a student to complete the same assignment/test as the other students but with adjustments in time, format, setting, presentation and/or response. 20

Examples of Accommodations • • • Modified Test Formats Braille/Braillewriter Large Print One Test Item Per Page AT Devices and Special Arrangements Dictation to Scribe Magnification Devices Interpreter/Transliterator Graphic Organizer 21

Examples of Accommodations • • • Student Marks in Book Student Reads Test Aloud to Self Test Administrator Reads Test Aloud Special Test Environments Extended Time Multiple Test Sessions Testing in Separate Room Audio Tapes Preferential Seating Study Guide Preferential Seating 22

Terminology Modifications are adjustments to the requirements of an assignment or test (changes in what a student is expected to learn and demonstrate, changes in the instructional level, changes in the number of key concepts mastered, and changes in content). 23

Terminology Modifications change the construct through altering language load, content complexity, and/or cognitive complexity. Other examples of modifications: • Simplified reading passages • Reduced response choices 24

Examples of Modifications • Modified Grading – 10 Point Grading scale or Pass/Fail – Rubric grading – specify details – Assign weights to daily work/tests – specify details – Retake tests and average/highest score • Modified Assignments • Alternative Materials • Portfolio 25

Decide: Making Accommodations Decisions

Instructional Accommodations drive Testing Accommodations 27

Considerations for Committee Decision-Making • Base accommodations on individual student need • Refer to the list of state-approved testing accommodations • Understand purpose of the accommodation and make sure it is relevant to the student’s need and the demands of the test • Take into account other identifications a student may have (e. g. , LEP), which may require specific accommodations based on area of need and/or content • All relevant teachers should be informed of accommodations 28

Considerations for Committee Decision-Making Students should be using accommodations ROUTINELY during instruction and similar classroom assessments – accommodations should not be a surprise on test day! Routine use = at least 30 days prior to test date 29

Documentation of Testing Accommodations in the IEP DEC 4 Page 6 of 10 30

Kara’s Story Kara is a bright, 9 year old student in the 4 th grade. Kara is identified as OHI. Kara displays grade level skills in the area of reading, interacts appropriately with her peers, and follows directions from authority figures. Kara has been diagnosed with ADD, which manifests itself in an inability to follow steps in sequence and complete multi-step tasks. This results in poor math calculation and problem solving skills along with general organizational difficulties in school. Adapted from NICHCY 2007 31

Kara’s Story The IEP Team convened to conduct Kara’s annual review. IEP goals were developed in calculation and reasoning and organizational skills. She is not in need of assistive technology. The team must begin discussion of least restrictive environment, beginning with discussion of general education program participation. Adapted from NICHCY 2007 32

Kara’s Story Question 1 for the IEP Team: In what general education classes and nonacademic activities would all 4 th grade students in Kara’s school participate? Question 2 for the IEP Team: Given Kara’s individual needs, what supplemental aids, services, modifications, accommodations (if any) are needed in order for Kara to participate in the general education program for 4 th grade with her nondisabled peers? Adapted from NICHCY 2007 33

Kara’s Story IEP Team Summary: The IEP Team determined that Kara can participate in the following general education classes and nonacademic activities using the following supplemental aids, services, modifications, and accommodations: Language Arts Science History Lunch Recess Library Adapted from NICHCY 2007 None Needed Graphic Organizer None Needed 34

Kara’s Story IEP Team Summary: The IEP Team determined that Kara cannot participate in the following general education class even with the use of supplemental aids, services, modifications, and accommodations: Math instruction will be delivered in a small group setting in the special education classroom because of Kara’s distractibility. Kara’s skill deficits in sequencing, calculation and problem solving are of such significance that they require intensive pre-teaching and reteaching, which cannot be provided in the general classroom setting. Adapted from NICHY 2007 35

Kara’s Story IEP Team Summary: The IEP Team determined that Kara’s general education science teacher required technical assistance to develop the graphic organizer that was listed on her IEP as an accommodation. The IEP Team documented that the science teacher would receive technical assistance from Kara’s EC teacher in developing an appropriate graphic organizer. All of Kara’s general education teachers requested technical assistance in working with students who have ADD. Adapted from NICHCY 2007 36

SPECIAL EDUCATION SERVICE DELIVERY 37

What does special education service delivery include? • Specially Designed Instruction – Anticipated frequency, duration and location • Related Services – Anticipated frequency, duration and location • Nonacademic Services and Activities – Anticipated frequency, duration and location 38

Frequency • Frequency refers to the number of sessions in which services will be delivered. • Typical frequency intervals are per week, month, reporting period or year. 39

Frequency • The IEP Team should choose intervals that will sufficiently allow the student to make progress toward the annual goals. • Frequency of sessions must not be assigned based on administrative convenience, providers’ schedules, or the master schedule of the school. • It must be based on the individual needs of the student. 40

Duration • Duration refers to the amount of time per service session. • Session length must be specific. “As needed” is not an acceptable session length. 41

Duration • Related Services Support Descriptions do not require a session length; just indicate that a support description is being used. • Session duration must not be assigned based on administrative convenience, providers’ schedules, or the master schedule of the school. • It must be based on the individual needs of the student. 42

Location • Location is the physical setting in which the service will be delivered. • The discussion and determination of location by the IEP Team is critical as it ultimately determines the continuum of educational placement. • The key to the location of services as it relates to continuum of education placement is the composition of the student group in that location. 43

Location • Location of services must not be assigned based on administrative convenience, providers’ schedules, or the master schedule of the school. • It must be based on the individual needs of the student. 44

Related Services • Related services means developmental, corrective, and other supportive services, such as transportation, that are required to assist a child with a disability to benefit from special education. • The list of related services is not exhaustive. • Related services do not include a medical device that is surgically implanted, the optimization of device functioning (e. g. mapping), maintenance of the device, or the replacement of that device. • Eligibility is not determined for related services. The decision that related services are necessary for a student to benefit from specially designed instruction must be based on relevant data. NC 1500 -2. 28 45

Related Services Support Description • These services support the student’s access and participation in his/her special education program. • These services are supports on behalf of the student rather than skill-based services. • The Support Description constitutes related services and may not be considered in the calculation of educational placement. • These services are not billable through Medicaid. 46

Removal from Nonacademic Settings • If the student will not participate with nondisabled peers during nonacademic services and activities, these services and activities must be recorded on the IEP document. • This time will be considered during the calculation of the educational placement. • Nonacademic settings include but are not limited to lunch, recess, electives, and assemblies. 47

Kara’s Story The IEP Team has discussed special education service delivery for Kara. During the general education program participation discussion, it was determined that Kara would receive math instruction in the special education setting. The following reflects Kara’s service delivery: Special Education Frequency: 5 times per week Duration: 60 minutes per session Location: Special Education Classroom Adapted from NICHCY 2007 48

Kara’s Story The IEP Team also determined that Kara was not in need of related services to benefit from special education. Kara will not be removed from her nondisabled peers for nonacademic services and activities. Adapted from NICHCY 2007 49

PLACEMENT DECISION AND JUSTIFICATION 50

Determination of Continuum of Alternative Educational Placements • Remember the instructional day is defined as the time from bell to bell, so educational placement is calculated based upon total minutes of the instructional day. • The percentage of the instructional day that a student spends with his/her nondisabled peers is used to determine the continuum (DEC 4, page 8, section VI) 51

Placement Decision • The educational placement decision is determined based on the percentage of time a student remains with his/her nondisabled peers. – Regular (80% or more of the day with nondisabled peers) – Resource (40%-79% of the day with nondisabled peers) – Separate (39% or less of the day with nondisabled peers) 52

Kara’s Story Kara’s school day begins at 8: 00 am and dismisses at 2: 30 pm. There are 390 minutes in the instructional day. Kara is removed from her nondisabled peers for 60 minutes per day. 60/390 x 100=15. 4% Kara is removed from her nondisabled peers for 15. 4% of the instructional day, meaning that Kara spends 84. 6% of her day with nondisabled peers. This places Kara in the regular placement on the continuum. Adapted from NICHCY 2007 53

LRE Decisions • The LRE Justification Statement is recorded on the DEC 4 page 9. • The LRE statement must answer the question “why” the student’s education cannot, even with supports and services, be achieved in the regular education class/environment and thus the student must be removed from his/her typically developing peers for specially designed instruction. • This statement should not just restate the disability category or the setting…but focus on the educational needs of the student that require the removal from nondisabled peers. 54

Kara’s Story When the IEP Team discussed general education participation, it was determined that Kara’s math instruction would occur away from her nondisabled peers. This decision was based upon the significance of her skills deficits and the intensity of instruction required to meet her individual needs. The statement below reflects the justification of this decision: Math instruction will be delivered in the special education classroom because Kara’s skill deficits in sequencing, calculation and problem solving are of such significance that they require intensive pre-teaching and reteaching which cannot be provided in the general classroom setting. Adapted from NICHCY 2007 55

The IDEA requires all students with disabilities to be provided a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE). Thank you for your advocacy for children! 56