Least Restricted Environment Priscilla Kaas Grand Canyon University: SPE 350 Special Education Litigation and Law June 13, 2015 Every student has a right to receive a Free Appropriate Public Education (FAPE) in a least restricted environment (LRE). An education is a right not a privilege, with that in mind, a student with a disability should be given the opportunity to begin their educational journey in the general education classroom. What if the their journey can not be achieved in the general education setting? Administrators, teachers, and all Individual Education Plan (IEP) team members must give reason as to why the LRE will not be effective and constitutes the main subject of discussion in the IEP meeting. The Interview …show more content…
(R. Page, personal communication, June 2015) Has there ever been an incident in which a parent or guardian advocated for an LRE environment for their child? How did the district respond? I believe that every discussion with a parent is a type of advocating for LRE for their child. We always want to be working collaboratively with families and always view that IEP as a document that can change based on student needs and team input. While we value parents as an integral part of the team, we also know that all of our providers and teachers are also part of that team, so often the discussion is what happens there is a disagreement in LRE among team members/parents. When this occurs, we work within that team setting as much as possible. We are looking at data, looking at assessments, looking at progress on goals, we are examining every piece of that IEP document to help us determine what LRE means for that student. We often examine hybrid options of blending more restrictive with less restrictive settings flexibility if we feel that the student can make benefit under that model. We may re convene numerous times as a team to continue that positive discussion of what LRE is for that student. Essentially, in the end, the district has an obligation to make an offer of FAPE that we feel can meet student needs and demonstrate educational benefit. If the team has not been able to successfully agree on that, often we may enter into mediation to make
Placement decisions related to students with disabilities is an issue that arises from providing a free, appropriate public education (FAPE) and the least restrictive environment (LRE). While FAPE and LRE are not new requirements, the Individuals with Disabilities Educational Act (IDEA) continues to be open to interpretation and implementation of the mandates (McGovern, 2015). A student’s least restrictive environment is the setting where the student can be integrated with his non-disabled peers. IDEA requires that students with disabilities be educated in the most integrated, least restrictive environment (Carson, 2015); however, this is where the grey area enters. The interpretation of what the least restrictive environment is, depends
Under the IDEA, special education is supposed to be conducted in the LRE. Because of this, all students with disabilities are expected to participate in a general classroom and participate in the same activities as their nondisabled classmates. By doing this, it ensures that these individuals are not being excluded. Having these students participate in a general classroom and participate in the same activities as their classmates also provides the individuals with the added benefits that these opportunities provide along with their teachers’ content. The activities that the individuals with special needs are expected to participate in include both extracurricular and nonacademic activities. If for some reason the IEP team determines that an individual it not
The evaluation will utilize an objectives-oriented evaluation approach, thus program objectives and elements will be analyzed to determine effectiveness and goal attainment. An objectives-oriented evaluation approach has been deemed most fitting, as key stakeholders have previously established goals and objectives for the program. Individualized Education Plans (IEP’s) have been created to ensure all students regardless of their disability will have access to an effective and appropriate public education. Free Appropriate Public Education (FAPE) is an essential component of The Individuals with Disabilities Education Act (IDEA, 2004), which indicates students with disabilities will not be denied access to an education. More specifically,
The right of entry to education resources is more than uncomplicated admission to a college. The right to use means to provide students with the devices they will need to be victorious in higher learning. Students with a recognized disability ought to be no omission. In reality, Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, “ensure that all qualified persons have equal access to education regardless of the presence of any disability.” Objective replacement, class waivers, and revision of classroom management, testing and course necessities are all illustrations of behavior to supply access for the learner with a disability. A break down to the creation of such practical adjustments can place schools in breach of federal and state statutes, ensuing expensive fines.
Educators must understand and respect the legal rights of students and their parents, which are protected by the U.S. Constitution/Fourteenth Amendment. The Individuals with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 protect students who have been identified with disabilities. According to both IDEA and Section 504, all special education students must be educated in the least restrictive environment. The two provisions also mandate that that all children with disabilities receive a free and appropriate public education, which is referred to as FAPE. This essay will answer the question, "what is FAPE and why is it so important in the education of all children, especially students with disabilities?"
As many know, the IEP is legal binding document that allows the students to be a recipient of special education services. It also specifies different accommodation/modifications, and instructional methods that will be of benefit to the student due to their exceptionality. As the IEP is brought together the IEP team, composed of parents, specialists, general and special education teacher, and sometimes administration are vital in the process because while the parents know the student best, it is those within the walls of the school know the best ways to help the student on their educational journey.
IEP’s and 504 plans require school districts to evaluate and identify students with disabilities, at the college level students must be self-advocates and are responsible for disclosing their disability (Oertle’ & Bragg, 2014, p. 61). When a student neglects
If a student meets qualification requirements, the Individual Education Plan (IEP) team determines the appropriate educational services needed for each individual student based on evaluation results, the goals for the student, and the classroom needs. Parents are included as a member of the IEP team and request for input it sought from parents whenever a new evaluation is completed. Students may also be included on the IEP team. The IEP is a legal document and is written based on the IEP team meeting input from all IEP team members. The IEP team is tasked with reviewing present levels of performance and recent evaluation information to develop goals to meet the student’s educational needs. The IEP team must provide access to the general education curriculum as much as possible. This is the least restrictive environment (LRE). The IEP team documents how the student’s disability adversely affects their progress in general education curriculum. The IEP team decides on the annual measurable goals and services including the amount of service time, where
Introductions were made and the meeting purpose was stated (initial). Parents were provided with parent rights. In attendance were Diane Mize (Therapist), Brenda Muth (Psychologist), Christine Garcia (RSP teacher), Michelle Madrid (Gen. Ed. Teacher), Michelle Anderson (Gen. Ed. Teacher), Greg Brisbine (Principal), Erica Ultreras (Assistant Principal), Ben Larios (Dad) and Michelle Larios (Mom).
The inclusion classroom has many advantages and disadvantages for the SPED and general education students, with “many factors influencing the effectiveness of inclusion(Vaughn, 2018, p. 37)” and based on my experiences the most important factor is the placement of each student to where they can be successful without slowing down or disrupting the learning of all students. Consequently, “inclusive settings can be effective for some, although not all, students with disabilities(Vaughn, 2018, p. 37).” Observed advantages for SPED students include exposure to on level content, higher order social interaction, observing appropriate(hopefully) classroom behavior; and if successful with content, greater confidence and feeling of self worth. General education students build acceptance and tolerance for others, have opportunities for peer tutoring, and have access to additional personnel for more intensive instruction. In contrast, classrooms with placement issues lead to many disadvantages which slows down the classroom for on level students but is still too fast for SPED students, consequently becoming a disservice to both groups. Behavioral problems arise due to high level student boredom and/or struggling students giving up resulting in distractions to other students and taking away instructional time while the teacher manages the disruptors. Due to lack of success, struggling students also experience confidence issues and a deterioration of their mental
Inclusion has become the primary service delivery model for students with disabilities. Politicians, law makers and education lobbyists continue to put academic pressures on schools and teachers while the topic of inclusion continues to be one of the most debated topics in education (Cooper &Tompkins, 1993). The Education for All handicapped Children Act (EAHCA) in 1975 (P.L. 94-142), No Child Left Behind (NCLB) Act of 2001 (2002), the Individuals with Disabilities Education Improvement Act (IDEIA) of 2004 (P.L. 108-446) have thoroughly laid out the rules and regulations for education (Mackey, 2012). The main objective of the EAHCA was to guarantee educational equity and remove the segregated classrooms many children with disabilities had
According to Koonce (2014), “…the Individuals with Disabilities Education Act (IDEA) has spawned an inclusive schools movement…” (p. 187). The issue is whether or not the inclusive classroom is a workable model. Proponents say that inclusion is necessary to prepare all students for life in our diverse society while dissenters say inclusive classrooms actually deter from learning for everyone, including those it is supposed to help. The Martin County School District has policies in place to protect students’ rights to a free and public education (FAPE) in the least restrictive environment. District employees must adhere to these procedures when creating and implementing individualized education plans. These procedures give guidance to staff and parents so that students receive the education to which they are entitled under FAPE.
“In 2011 according to the National Center for Education Statistics 13 percent of the total number of enrollment in the public school were receiving federally supported special education programs”. (National Center for Education Statistics) The goal of special education is for all students with or without a disability to be educated in the least restrictive environment. It is the common belief that special needs students should be placed in the general education classroom with their non-disabled peers a term called inclusion. Inclusion hasn’t come easy! There has been several court cases fought that have provided special needs students access to a free appropriate education in the least restrictive environment.
4. Has there ever been an incident where a parent advocated for an LRE environment for their child? How did the district respond?
Inclusion, referenced to by educational studies, is defined as “the participation of all pupils in the curriculum and social life of mainstream schools; the participation of all pupils in learning which leads to the highest possible level of achievement” (Inclusive Ed 27). The terms learning and behavioral difficulties, special educational needs, and students with disabilities are often used synonymously when referring to students affected by inclusion (Florian, Lani, and John Hegarty 1). In order for students with disabilities to be successful learners, the Individuals with Disabilities Education Act, also known as IDEA, was put into place by educators and lawmakers in the 1970’s. IDEA mandated that students with disabilities be placed in the “least restricted environment,” as determined by the individual student needs (Kauffman 3). Under IDEA, all public-school systems are required to develop an individualized education program, or IEP, for each of these students (Willis 2). A full and individual evaluation must be completed before any special education placement or related services can be provided (Students with Dis Book 20). The IEP must be developed by a team, including the teacher, parents, and special education personnel (Willis 2). While the IDEA policies and procedures for protecting students with disabilities are firmly in place, based on the nature and severity of the disability, the individual student needs are