Right To Be Educated in Right To Be Educated in the Least Restrictive the Least Restrictive Environment (LRE)Environment (LRE)

Right To Be Educated in Right To Be Educated in the Least Restrictive the Least Restrictive Environment (LRE)Environment (LRE)

Integration/Inclusion of Students Integration/Inclusion of Students with Disabilities in General with Disabilities in General

Education SettingsEducation Settings

Free and Appropriate Education

• Board of Education v. Rowley, 458 U.S. 176, Court found that education must “be sufficient to confer some educational benefit upon the handicapped child.” It is not a threshold test but rather a case by case determination. “Such instruction and services must be provided at public expense, must meet the state’s educational standards, must approximate the grade levels used in the State’s regular education, and must comport with the Child’s IEP.” All of this must take place in the LRE.

Types of Placements

Definitions of common types of placements –

Mainstreaming – placement into ongoing activities in a regular classroom with non-disabled peers.

Integration – mainstreaming into regular classes and activities for participation with non-disabled peers. Can be lunch, hallways etc.

Full Inclusion – total integration of a student with disabilities into regular education with support.

Reverse Mainstreaming – bringing non-disabled students into a segregated classroom, school, or state hospital to interact with their disabled peers.

More restrictive types of placements include:

• Special Day Class – all of the students in the class have disabilities

• Segregated school sites – all of the students on the campus have disabilities

• Non-Public School – private non-sectarian school that enrolls individuals with exceptional needs pursuant to an IEP

• Hospital or Developmental Center Schools – those classrooms operated by the Department of Education for students residing in a facility– Home/Hospital Instruction – instruction in

student’s home.

LRE in the Preschool Setting

• Generally, LRE applies to pre-schoolers but if the Local Education Agency (LEA) doesn’t have any preschool programs for students without disabilities there is no federal requirement to start those programs solely for implementing LRE.

• Look at a child development center, head start program, or non-sectarian public or private preschool (that has been certified as an NPS).

Charter Schools

• A child with disabilities attending a charter school is entitled to instruction and services in the same manner as a child with a disability who attends another public school. The agency that granted to charter is responsible for ensure that IDEA is being implemented. CEC § 47646

Sacramento City Unified School District v. Rachel

H., 14 F.3d 1398Test for an appropriate inclusion placement• Educational Benefit to the student with

support as compared with placement in a more restrictive setting.

2 Non Academic Benefit to the student from interaction with typical peers.

3 The Effect on the teacher and other students in the classroom.

4 Cost of Mainstreaming the disabled child.

Definitions of the 4 Factors

• Academic Benefits – can the student meet the IEP goals and participate in the class.

• Non-Academic Benefits – social and communication skills and self-confidence

• Effect on the Class – Detriment because the child with a disability is disruptive etc and detriment because too much of the teacher’s time would be taken up by the student with the disability – typically can be cured with an aide.

• Cost – compare cost with aids and supports v. the cost of the more restrictive placement with aids and supports.

Inclusion and Integration Must be Facilitated

The district must provide supplementary aids and services to accommodate the needs of the student in an integrated environment. Mere token gestures are not enough.

Cost is a proper factor only where excessive spending on one child would significantly impact the education of other children in the district.

Types of Aids• There is no all-inclusive list of supplemental aids

and services but it should be broadly interpreted. See 20 U.S.C. § 1401(29).

• Some suggestions include modifications to curriculum, special training for the teacher, use of AT, provision of note-takers, use of a resource room and many more. For additional suggestions see http://www.taalliance.org/publications/ALL15.pdf and http://www.nichcy.org/pubs/bibliog/bib15txt.htm

• Plan for inclusion don’t leave it up to chance. See http://www.nichcy.org/pubs/outprint/nd24.pdf

Inclusion/Integration is Good for Everyone

See SERR

Ch. 7 http://www.pai-ca.org/pubs/504701.pdf