Transcript Least Restrictive Environment (LRE) EXCEPTIONAL CHILDREN DIVISION 1

EXCEPTIONAL CHILDREN DIVISION
Least Restrictive Environment
(LRE)
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LRE
REQUIREMENTS
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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.
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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
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NC 1500-2.21
Special classes, separate
schooling, or other removal of
children with disabilities from
the regular educational
environment occurs only…
Defining
Defining LRE
DeLRE
…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
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Placement decisions must be
based on a child’s unique
needs and IEP, not on
administrative convenience,
disability/program label, or
allocation of funds.
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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.
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NC 1501-3.2
Defining LRE
Placements
• The child’s placement is:
– 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
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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
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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.
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Children with
disabilities must
always be
considered
general
education
students first.
Produced by NICHCY
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GENERAL EDUCATION
PROGRAM PARTICIPATION
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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?
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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
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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
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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.
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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.
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Accommodations
≠
Modifications!
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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
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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.
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Examples of Accommodations
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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
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Examples of Accommodations
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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
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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).
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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
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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
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Decide:
Making Accommodations
Decisions
Instructional Accommodations
drive
Testing Accommodations
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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
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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
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Documentation
of Testing
Accommodations
in the IEP
IEP DEC4
Page 6 of 10
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Kara’s Story
Kara is a bright, 9 year old student in the
4th 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
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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
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Kara’s Story
Question 1 for the IEP Team:
In what general education classes and
nonacademic activities would all 4th
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 4th grade with her
nondisabled peers?
Adapted from NICHCY 2007
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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
None Needed
None Needed
None Needed
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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
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
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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
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SPECIAL EDUCATION
SERVICE DELIVERY
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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
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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.
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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.
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Duration
• Duration refers to the amount of time per
service session.
• Session length must be specific. “As
needed” is not an acceptable session
length.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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PLACEMENT DECISION
AND
JUSTIFICATION
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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)
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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)
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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
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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.
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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
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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!
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