Aug 032013
 

IEP Placement Decisions – The Least Restrictive Environment LRE

When determining a child’s IEP placement, careful consideration should be given to the child’s ability to learn in the regular classroom at his local school.

Can your child learn in the regular classroom if a personal aide is provided? Can your child learn with an assistant or assistive technology?

IDEA states that placement cannot be based upon “administrative convenience” or available resources. A child must be placed in the least restrictive environment ( LRE ) that will provide meaningful academic progress.

However, if the child is a danger to himself or others, a more restrictive placement may be needed.


LRE Placement is based on individual needs

The placement must be based solely upon your child’s individual needs. Placement choices can’t be limited to a classroom or program the school “typically” uses. A parent can’t insist on a specific placement either. If the school offers an appropriate placement, then they have met the legal requirements under IDEA.

LRE is based upon a full continuum of placement options

LRE placements include all types of program choices. Placement options include services such as resource pull-out programs, before or after school tutoring, home instruction, special schools, general classroom with or without an aid, etc. Schools must provide a full “continuum of alternative placements”.

In other words, any placement should be offered if it is what the child needs. Your child’s school can’t say, “This is what we always do, so it’s the only option.”

The key is to always provide what your child needs. IDEA is all about what your child needs.

Just to re-emphasize what LRE is based on: LRE Placement is not dictated by what the school has available or what the school administrators are willing to provide. LRE is not based on what the parents would like. The LRE is based on your child’s individual needs.

Your child has a right to an appropriate education. Your child deserves an opportunity to meet academic standards that include progress in the general curriculum. If able to learn, your child is supposed to be provided the same educational opportunities provided to typical students.

LRE Least Restrictive Environment Placement

lre least restrictive environment idea advocacy
Your child’s placement should be written into the IEP as a statement of the location for instruction, duration of teaching, and the specific setting.

Example:

Regular Classroom, 5 hours/day, 5 days/week, with 1-on-1 collaborative teacher 1 hour/day, 5 days/week during Mathematics and Grammar.

Occupational Therapy, 30 minutes/day, 3 days/week, Group of 3 children.

Placement is determined at the end of the IEP process. LRE placement is based upon the defined needs of YOUR child. No one can, or should, make a placement decision prior to completing the rest of the IEP. Once all of your child’s needs are identified, then the IEP team (including YOU) can make the best decision about how and where your child should be taught.

You can read the IDEA LRE statutes at: Least Restrictive Environment LRE

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Aug 022013
 

Return to Questions

Q: My school says they won’t test my child because she is making passing grades. We think our child needs help. What are the rules for special education eligibility?


Answer:

By IDEA laws (Federal), if anyone “suspects” a child has a disability and requests a comprehensive psychological evaluation in writing, the school MUST evaluate the child to determine if the child has a disability.

The referral does not have to come from the school. A parent CAN request an evaluation for learning disabilities. Special education eligibility is NOT dependent upon classroom grades or the movement from grade-to-grade.

Special Education Eligibility Evaluation Timeframes

According to IDEA, an evaluation must occur “within 60 days of receiving parental consent for the evaluation; or If the State establishes a timeframe within which the evaluation must be conducted, within that timeframe.” 

In Georgia, a child must be tested for special education eligibility within 60 days of the written permission to test. However, some states require evaluations in a shorter timeframe.  I suggest checking the special education eligibility laws through your state’s Department of Education.

Your school cannot simply say testing your child is “not a priority” or that they don’t think your child has a disability.

Our school told us because our child was making C’s they didn’t “see a need” for reading services.  I told them I didn’t care if our son was making A’s -he couldn’t read. We suspected dyslexia! Special education eligibility is based upon the presence of a disability, not upon teacher-given grades.

When our son was evaluated, he did indeed have dyslexia. He met the criteria for special education eligibility.

IDEA laws say “it is important to clarify that a child suspected of having a disability but who has not failed, is making academic progress, and is passing from grade to grade must be considered in the child find process as any other child suspected of having a disability.  As noted earlier in the discussion regarding Sec. 300.101, paragraph (c)(1) of Sec. 300.111 has been revised to clarify that children do not have to fail or be retained in a course or grade in order to be considered for special education and related services.” (See Discussion at IDEA.ED.Gov)

Familiarize yourself with legal requirements for special education eligibility. You can learn a lot about IEPs through our Free IEP training at http://learningabledkids.com/iep_training/iep_course_objectives.htm. You can also learn the legal requirements through www.wrightslaw.com, http://idea.ed.gov/explore/home, and your state’s department of education special education eligibility rules.

MANY, MANY school administrators and teachers are mis-informed or uninformed regarding special education eligibility. They mistakenly think that if a child is passing, there is no need for special services. They personally hold to a ‘failure first’ philosophy, which is prohibited by IDEA. Not to mention, a “failure first” approach to special education eligibility is a form of educational neglect as I have written about.

We were able to file a successful due process case against our school system regarding special education eligibility. Take heart, if your daughter needs help.. you can probably get help, but it may not be an easy battle (and it is a battle when the school doesn’t think services are necessary and they refuse to evaluate your child). We got our own private evaluation. Unfortunately, our school STILL wouldn’t provide services because of the passing grades, so we had to file due process. The school admins were MISTAKEN in thinking classroom grades were an adequate measure of a child’s special education eligibility. Classroom grades SURELY don’t indicate the absence or presence of a learning disability.

I hope this information about special education eligibility helps. It isn’t an easy road to get services from schools that fight against parents. Just know, parents are often the first to see their child is struggling and needing help. It is always worthwhile to get help for your child as soon as possible. Hopefully you can get help before the advanced academics of middle or high school catch up with your child and cause failure.

IDEA says Failure is NOT a requirement for a child to meet special education eligibility for receiving services. The goal of IDEA is to provide proactive educational services… So, GO FOR IT! 

special education eligibility

Your child needs you to be his advocate!

You might find the book, Wrightslaw: From Emotions to Advocacy – The Special Education Survival Guide helpful in your pursuit of special education eligibility. The book was invaluable to me in going to battle with our school.

Best Wishes,
Sandy

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