LRE THE PLACE TO BE How to Document

LRE: THE PLACE TO BE How to Document Least Restrictive Environment Presented by: Christel Hockensmith Roger Lacy Kentucky Department of Education/Division of Learning Services November 23, 2010

Desired Session Outcomes: Understand the IDEA requirements for LRE Recognize appropriate ways to document LRE considerations Apply knowledge gained from this training to future placement decisions 12/14/2021 Kentucky Department of Education/Division of Learning Services 2

IDEA in the 1970 s Disco was “where it’s at” Gerald Ford was President of the USA Gasoline was 59 cents a gallon “Blackberry” was a fruit used in cobblers and jam Ford had a better IDEA PL-94 -142 was a brand new Law The law assumed that most students with disabilities were educated in segregated settings 12/14/2021 Kentucky Department of Education/Division of Learning Services 3

IDEA in the 12/14/2021 st 21 Century Kentucky Department of Education/Division of Learning Services 4

IDEA in the st 21 Century Instant worldwide communication Social Media like Facebook or Twitter Your rock n’ roll is now on your i. Pod and not on an 8 -Track tape IDEA assumes children with disabilities are served primarily in general education settings 12/14/2021 Kentucky Department of Education/Division of Learning Services 5

What does the law say about LRE? An LEA (district) shall ensure that to the maximum extent appropriate, children with disabilities, including children placed by the LEA in public or private institutions or other care facilities, are educated with children who are nondisabled. The LEA shall ensure that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if education in the regular education environment with the use of supplementary aids and services cannot be satisfactorily achieved due to the nature or severity of the disability. 707 KAR 1: 350 Section 1 12/14/2021 Kentucky Department of Education/Division of Learning Services 6

What does the law say about LRE? An LEA shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services The continuum shall include the alternative placements of: Instruction in regular classes Special schools Home instruction Instruction in hospitals and institutions 707 KAR 1: 350 Section 1 (2) (3) 12/14/2021 Kentucky Department of Education/Division of Learning Services

What does the law say about LRE? The LEA shall make provision for supplementary services to be provided in conjunction with regular class placement. In determining the educational placement of a child with a disability, the LEA shall ensure that the placement decision is made by the ARC in conformity with the least restrictive environment provisions. A child’s placement shall be: Determined at least annually Based on the child’s IEP As close as possible to the child’s home 707 KAR 1: 350 Section 1 (4) (5) (6) 12/14/2021 Kentucky Department of Education/Division of Learning Services 8

What does the law say about LRE? An IEP shall contain an explanation of the extent, if any, to which the child will NOT participate in nondisabled children in regular classrooms 707 KAR 1: 320 Section 5 (9) 12/14/2021 Kentucky Department of Education/Division of Learning Services 9

What does the law say about LRE? Unless the IEP of a child with a disability requires some other arrangement, the child shall be educated in the school that he would attend if nondisabled In selecting the least restrictive environment, consideration shall be given to any potential harmful effects on the child or on the quality of services he needs A child with a disability shall not be removed from education in age appropriate regular classrooms solely because of needed modifications in the general curriculum 707 KAR 1: 350 Section 1 (7) (8) (9) 12/14/2021 Kentucky Department of Education/Division of Learning Services 10

Annual Performance Report (APR)/KCMP Indicator 5 Measurable Targets 5 A- Increase the percentage of students served inside the regular class 80% or more of the day from 64. 5 percent to 65 percent. 5 B- Decrease the percentage of students served inside the regular class less than 40% of the day from 11. 1% to 11. 0%. 5 C- Decrease the percentage of students receiving their special education services in public and private residential day schools by. 05 percent. 12/14/2021 Kentucky Department of Education/Division of Learning Services 11

Annotated Conference Summary and Annotated IEP 12/14/2021 Kentucky Department of Education/Division of Learning Services 12

How do we document LRE? Rejecting General Education Setting Better Example Problem statement • Not restrictive enough • Is not the LRE • John needs small group instruction in order to be successful. 12/14/2021 • Even with supplementary aids and services, John cannot be successful in a full time general education setting due to his need for intensive direct instruction and need for frequent repetition of content. Kentucky Department of Education/Division of Learning Services 13

How do we document LRE? Rejecting General Education Setting Better Example Problem statement • Eileen needs a resource setting for speech services. 12/14/2021 Kentucky Department of Education Division of Learning Services • Eileen needs to be in a quiet setting that’s free from distractions for articulation therapy. 14

How do we document LRE? Rejecting General Education Setting Better Example Problem statement • Steve cannot be successful in the regular classroom because of his behavior. 12/14/2021 Kentucky Department of Education Division of Learning Services • Even with the use of an appropriate BIP and other supports, Steve still exhibits volatile behaviors that are a constant disruption to the classroom environment. 15

How do we document LRE? Accepting General Education Setting Acceptable Statement • Kiah’s IEP can be successfully implemented in the general education setting. 12/14/2021 Kentucky Department of Education/Division of Learning Services 16

How do we document LRE? Rejecting Resource Room Setting Problem statement • Not restrictive enough. • Larry cannot be successful in the resource room. • Larry needs to be in a self-contained class. 12/14/2021 Kentucky Department of Education Division of Learning Services Better Example • Larry’s documented behavior concerns have escalated to the point that he is a danger to himself and others. 17

How do we document LRE? Accepting Resource Setting Acceptable Statement • The resource room provides the necessary structure and fewer distractions that will allow Elizabetha to be successful in meeting her IEP goals. 12/14/2021 Kentucky Department of Education/Division of Learning Services 18

How do we document LRE? Accepting Self-Contained Setting Acceptable Statement • Based on the needs documented above, Kareem can be most successful in a self -contained classroom setting. 12/14/2021 Kentucky Department of Education/Division of Learning Services 19

Resources: Kentucky Department of Education (KDE)/Division of Learning Services (DLS) Annotated IEP and Conference Summary Special Education Cooperatives 12/14/2021 Kentucky Department of Education/Division of Learning Services 20

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Contact Information Christel. Hockensmith@education. ky. gov Roger. Lacy@education. ky. gov 12/14/2021 Kentucky Department of Education/Division of Learning Services 22