Training – Introduction to Special Education

Students with disabilities have federal and state protections related to equity and access to Free Appropriate Public Education (FAPE). During a live webinar March 26, 2020, PAVE provided foundation information about student rights and special education process. A member of the Parent Training and Information (PTI) staff also answered a few questions related to educational access during the school shutdown because of the coronavirus pandemic.

For more information, PAVE provides an article: School Shutdown: Pandemic Guidance for Families also Impacted by Disability. A primary resource for current information is the Office of Superintendent of Public Instruction, OSPI, which provides a website page related to special education during the COVID-19 outbreak

School Shutdown: Pandemic Guidance for Families also Impacted by Disability

A Brief Overview

  • During school building closures because of the COVID-19 pandemic, schools grapple with how to provide basic education that is equitable for students with disabilities.
  • Washington’s Superintendent of Public Instruction, Chris Reykdal, provided information March 19, 2020, in a webinar, shortly before issuing guidance that all schools provide some form of distance learning by early April. Reykdal encouraged patience and creativity as families and schools collaborate.
  • PAVE’s program to provide Parent Training and Information (PTI) continues to offer 1:1 support by phone in addition to online learning opportunities. Please refer to our home page at wapave.org to “Get Help” or to check the Calendar for upcoming events.
  • The U.S. Department of Education has created a website page to address COVID-19. Links on the website, gov/coronavirus, include a Fact Sheet titled, Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students, issued by the department’s Office for Civil Rights (OCR).
  • Federal changes related to student loans and standardized testing are among topics being discussed nationally.
  • For additional resources, see Links to Support Families During the Coronavirus Crisis and Links for Learning at Home During School Closure.

Full Article

With school buildings closed to help slow the spread of the novel coronavirus (COVID-19), families have many questions about how children can access meals, childcare and basic education. Recognizing that too much information can be overwhelming, PAVE provides this article to help families with children impacted by disability understand a few key issues during this challenging time. Included throughout are links to information on official websites that are frequently updated.

Nationally, agencies that provide guidance to schools have been in conversation about the challenge of providing equitable education to all students as learning that respects the requirement for “social distancing” becomes the only option. The U.S. Department of Education is tracking much of that work on its website, gov/coronavirus.

Most schools in Washington resumed services with distance learning on March 30, 2020. Some districts planned a later start because of spring break schedules. Chris Reykdal, Washington’s Superintendent of Public Instruction, issued guidance that all schools within the state offer something in order to engage students in learning.

He emphasized that families and schools should maintain an attitude of creativity and patience and that the goal is not to overwhelm parents and students. The guidance is not a mandate for students, Reykdal said, and the state is not directing schools to grade student work during this period of distance learning. The expectation is that districts “are sending opportunities for families and checking in,” he said in comments quoted in a March 30 broadcast and article from KNKX, a National Public Radio affiliate.

Various federal and state laws protect students with disabilities and their right to a Free Appropriate Public Education (FAPE), regardless of the nature or severity of the disability. How to provide education that is appropriate and equitable when school buildings are closed is a national conversation. In Washington State, the Office of Superintendent of Public Instruction (OSPI) is continuously updating guidance for schools and families on these topics.

An OSPI website page devoted to special education topics during the COVID-19 shutdown includes this guidance: “If the district continues providing education opportunities to students during the closure, this includes provision of special education and related services, too, as part of a comprehensive plan.”

In a March 18, 2020, letter to school staff who support Individualized Education Programs (IEPs), OSPI encouraged IEP reviews and evaluations to continue as possible: “School districts are encouraged to continue to hold IEP and evaluation meetings through distance technology whenever possible, and if agreed upon by parents and school staff are available.”

Meals are a top priority

The Superintendent of Public Instruction, Chris Reykdal, provided information March 19, 2020, in a webinar sponsored by the Washington League of Education Voters. Note: the League of Education Voters offers a comprehensive listing of COVID-19 resources.

Reykdal said that OSPI has prioritized food distribution for students as its most important role during the shutdown. He said some districts deliver food to stops along regular bus routes. Others have food pick-up available in school parking lots. For the most current information about how a district is making meals available for students, families are encouraged to check their local district website or call the district office. OSPI provides a list of districts throughout the state, with direct links to district websites and contact information.

Childcare options are difficult to design

Second priority, according to Reykdal, is childcare for parents who rely on outside help so they can work. Families are encouraged to contact local districts for current information about childcare. OSPI encourages only small and limited gatherings of children, so provisions for childcare and early learning have been difficult to organize, Reykdal said. He emphasized that public health is the top concern. “We have to flatten that curve,” he said, referencing a widely shared graphic that shows what may happen if the virus is not slowed by intentional measures.

Note that the Centers for Medicare and Medicaid have relaxed rules in order to give states more flexibility in providing medical and early learning services through remote technologies. The Early Childhood Technical Assistance Center (ECTA) has created a webpage on teleintervention. Topics include training for families learning to navigate technology for online learning and appointments.

Equity is required in education

Thirdly, Secretary Reykdal on March 19 addressed work underway to create additional options for distance learning. “The governor’s order doesn’t prohibit ongoing learning,” he emphasized. He asked community members to exercise patience as districts rethink the way schools deliver education. He noted that plans to reopen schools by the end of April may change and that OSPI is thinking far into the future in order to be prepared for unknown scenarios.

Reykdal said, “Everyone needs to be super patient about this because while districts are preparing to deploy some education, it will look different. And there are serious equity concerns we have to focus on. We expect districts as they launch this to have an equitable opportunity for all students. English language learners need special supports. Our students with disabilities need supports.”

Reykdal mentioned that districts are exploring new methods for outreach: School buses that deliver homework packets and online teaching are early examples. “Our expectation through guidance is that we will get every district to some point where they are engaging students and families in what learning can look like,” Reykdal said.

PAVE is here to help!

PAVE’s Parent Training and Information (PTI) program continues to provide 1:1 support by phone and offers online training. Please check our calendar of events and follow us on social media.

PTI director Jen Cole addressed some topics related to educational access during a March 19, 2020, podcast hosted by Once Upon a Gene. In addition to providing general information about the rights of students with disabilities, Cole shares her own experience as a parent of an elementary-age student with a disability.

PAVE has added new links on our website to help families navigate these new circumstances. On our homepage, wapave.org, find the large blue button labeled View Links. Clicking on that button will open a list of options. Two new options provide guidance related to the pandemic:

  1. Links for Learning at Home During School Closure: This a resource collection of agencies providing online learning opportunities for various ages.
  2. Links to Support Families During the Coronavirus Crisis: This is a resource collection of agencies that provide information related to the pandemic.

Please note that resources listed are not affiliated with PAVE, and PAVE does not recommend or endorse these programs or services. These lists are not exhaustive and are provided for informational purposes only.

OSPI offers guidance for families

The Office of Superintendent of Public Instruction (OSPI) is the state education agency charged with overseeing and supporting Washington’s 295 public school districts and seven state-tribal education compact schools. As communities respond to the COVID-19 outbreak, OSPI offers a downloadable guide for parents and families.

Included is a section for parents of students in special education. While in session, districts maintain the responsibility to provide a Free Appropriate Public Education (FAPE) to students eligible for special education. “Districts should be communicating with parents and guardians prior to, during, and after a school closure regarding their child’s IEP services,” OSPI states.

Parents may want to consider whether compensatory education or Extended School Year (ESY) services will be needed. The general rights to these services are further described in an article about ESY on PAVE’s website.

Making notes in order to collect informal data about any regression in learning during the shutdown may be important later. OSPI’s resource guide states: “After an extended closure, districts are responsible for reviewing how the closure impacted the delivery of special education and related services to students eligible for special education services.”

OSPI reminds families that schools are not required to provide special education services while they are fully closed to all students.

OSPI addresses issues related to racism

In its guidance, OSPI encourages schools to intentionally and persistently combat stigma through information sharing: “COVID-19 is not at all connected to race, ethnicity, or nationality.”

OSPI advises that bullying, intimidation, or harassment of students based on actual or perceived race, color, national origin, or disability (including the actual disability of being infected with COVID-19 or perception of being infected) may result in a violation of state and federal civil rights laws:

“School districts must take immediate and appropriate action to investigate what occurred when responding to reports of bullying or harassment. If parents and families believe their child has experienced bullying, harassment, or intimidation related to the COVID-19 outbreak, they should contact their school district’s designated civil rights compliance coordinator.”

U.S. Department of Education provides written guidance and a video

The U.S. Department of Education provides a website page to address COVID-19. Links on the website, ed.gov/coronavirus, include a Fact Sheet titled, Addressing the Risk of COVID-19 in Schools While Protecting the Civil Rights of Students, issued by the department’s Office for Civil Rights (OCR):

“Section 504 of the Rehabilitation Act of 1973 prohibits disability discrimination by schools receiving federal financial assistance. Title II of the Americans with Disabilities Act of 1990 prohibits disability discrimination by public entities, including schools. Title VI of the Civil Rights Act of 1964 prohibits race, color, and national origin discrimination by schools receiving federal funds….

“School districts and postsecondary schools have significant latitude and authority to take necessary actions to protect the health, safety, and welfare of students and school staff….As school leaders respond to evolving conditions related to coronavirus, they should be mindful of the requirements of Section 504, Title II, and Title VI, to ensure that all students are able to study and learn in an environment that is safe and free from discrimination.”

On March 21, 2020, the department issued a Supplemental Fact Sheet to clarify that the department does not want special education protections to create barriers to educational delivery options: “We recognize that educational institutions are straining to address the challenges of this national emergency. We also know that educators and parents are striving to provide a sense of normality while seeking ways to ensure that all students have access to meaningful educational opportunities even under these difficult circumstances.

“No one wants to have learning coming to a halt across America due to the COVID-19 outbreak, and the U.S. Department of Education does not want to stand in the way of good faith efforts to educate students on-line. The Department stands ready to offer guidance, technical assistance, and information on any available flexibility, within the confines of the law, to ensure that all students, including students with disabilities, continue receiving excellent education during this difficult time.”

The Department’s Office for Civil Rights (OCR) released a YouTube video March 17, 2020, to describe some ways that OCR is providing technical assistance to schools attempting to offer online learning that is disability accessible. Kenneth L. Marcus, assistant secretary for civil rights within the Department of Education, opens the video by describing federal disability protections:

“Online learning is a powerful tool for educational institutions as long as it is accessible for everyone. Services, programs and activities online must be accessible to persons, including individuals with disabilities, unless equally effective alternate access is provided in another manner.”

Help is available from Parent Training and Information (PTI)

Families who need direct assistance in navigating special education process can request help from PAVE’s Parent Training and Information Center (PTI). PTI is a federally funded program that helps parents, youth, and professionals understand and advocate for individuals with disabilities in the public education system. For direct assistance, click “Get Help” from the home page of PAVE’s website: wapave.org.

PTI’s free services include:

  • Training, information and assistance to help you be the best advocate you can be
  • Navigation support to help you access early intervention, special education, post-secondary planning and related systems in Washington State
  • Information to help you understand how disabilities impact learning and your role as a parent or self-advocate member of an educational team
  • Assistance in locating resources in your local community
  • Training and vocabulary to help you understand concepts such as Free Appropriate Public Education (FAPE), an entitlement for individuals who qualify for special education under the Individuals with Disabilities Education Act (IDEA). 

Attention Students: Lead your own IEP meetings and take charge of your future

A Brief Overview

  • By the time you are 16 years old, the school is required to invite you to your IEP meetings. You can attend any time, and leading your own meeting is a great way to learn important skills.
  • If you need more help at school or aren’t learning what you need to learn, then your IEP might need some fixing. Your voice matters on the IEP team.
  • A website, I’m Determined.org, provides videos of students describing their goals. You can also print a goal-tracking worksheet from that website.
  • Read on to learn more about the parts of an IEP and how to get more involved in your own education.

Full Article

If you are a student with an Individualized Education Program (IEP), read this article to find out how you can be a leader on your IEP team. Your future is counting on you!

By the time you are 16 years old, the school is required to invite you to your IEP meetings. From that year on, your school program is matched to your long-term goals. It’s important to plan your time carefully so that every school day gets you closer to where you want to be when you are an adult. 

Learn to be a self-advocate

 An advocate (pronounced ad-vo-cut) is someone who asks for something in a public way. Public schools get money from the government, so they are considered public entities. When you ask the school to provide you with something that you need to succeed, then you are being a self-advocate.

The word advocate can also be an action word (a verb), but then it’s pronounced ad-vo-cate (rhymes with date). You advocate for yourself when you ask for what you need to succeed.

Here’s another way to use this hyphenated word: You can say that you “practice self-advocacy.” Leading your own IEP meeting is a great way to practice self-advocacy and develop important adult skills.

Your Transition Plan focuses on where you want to go

 The part of the IEP that focuses on your adult goals is called a Transition Plan. The Transition Plan is added to the IEP by the school year when you turn 16. The plan includes details about:

  • when you plan to graduate (you can stay in school through age 21 if your IEP goals require more time)
  • what jobs you might choose
  • whether college is part of your plans
  • what lifestyle you imagine for yourself (will you drive, cook, shop, live alone?)
  • how school is getting you ready for all of that

The Transition Plan is all about you and your future. You can start taking charge of your future by going to your IEP meetings. You may want to lead all or part of the meeting, and you have that right.

The law says it’s all about you

Your rights as a student with an IEP are part of a federal law called the Individuals with Disabilities Education Act (IDEA). The IDEA says that schools must include family members and students on the IEP team. If you don’t play on the team, you can’t win the game, right? This is more important than a game—it’s Your Life!

The IDEA is a unique law because it says you get what you need in order to access school and learning. Getting an education that is specially designed just for you is called an entitlement. What you are entitled to is called FAPE, which means Free Appropriate Public Education.

You can become a leader on your IEP team by learning more about FAPE and how to talk about what it means to you. Public education is free for all school-age students in the United States, but consider this question: What makes your education appropriate?

Here are some questions to help you think and talk about FAPE:

  • What is it like to have a disability?
  • What about your disability makes school hard?
  • What do you need at school that helps you learn?
  • Are you getting better and better at the skills you need to be good at?
  • Are your teachers helping you see what you do well?

If you are learning important skills at school, and your learning is helping you build on your strengths, then you are probably getting FAPE. If you need more help or aren’t learning the skills that you need to move forward, then your IEP might need some fixing. Keep in mind that the school is responsible to provide you with FAPE. You have the right to ask for FAPE.

Learn what your IEP can do for you

Here’s a starter kit to help you understand what your IEP says and how you can ask for changes. When you go to your IEP meeting, you have the right to ask the teachers and school administrators to help you read and understand your IEP.

These are some important parts of an IEP:

  • Category of Disability: This is on the “cover page” of the IEP document. It lists the type of disability that best describes why you need individualized help at school. You should know this category so you can understand how and why teachers are supposed to help you.
  • The Present Levels of Performance: This is the long section at the beginning of the IEP that describes how you are doing and what the school is helping you work on. The beginning of this section lists what you are good at. Make sure that section is complete so you can be sure the teachers help you build on your strengths.
  • Goals: When you qualified for an IEP, the school did an evaluation. You showed that you needed to learn certain things with instructions designed just for you. To help you learn, the teachers provide Specially Designed Instruction. They keep track of your progress toward specific goals in each area of learning. You can learn what your goals are and help track your progress. A website, I’m Determined.org, provides videos of students describing their goals. You can also print a goal-tracking worksheet from that website.
  • Accommodations: You can ask for what you need to help you learn in all the different classrooms and places where you spend the school day. Do you learn better if you sit in a specific part of the classroom, for example, or if you have a certain type of chair? Do you need to be able to take breaks? Do you do better on tests if you take them in a small, quiet space instead of the regular classroom? Do you need shorter assignments, so you don’t get overwhelmed? Helping your teachers know how to help you is part of your job as an IEP team member.

Get Ready for Your IEP Meeting

You can get ready for your IEP meeting by looking over the IEP document.  You may want to ask a family member or a teacher to help you read through the document. If you don’t understand what’s in your IEP, plan to ask questions at the meeting.

PAVE provides a worksheet to help you prepare for your meeting. It’s called a Student Input Form. You can use this worksheet to make a handout for the meeting or just to start thinking about things you might want to say. If you don’t want to make a handout, you might draw pictures or make a video to share your ideas.

These sentence starters might help you begin:

  • I enjoy…
  • I learn best when…
  • I’m good at…
  • It’s hard for me when…
  • I want more help in these areas…
  • I like school the most when …
  • Teachers are helpful when they…
  • I want to learn more about …
  • It would be great if…

You may want to think about your disability and how it affects your schoolwork. You could work on a sentence or draw a picture to help the teachers understand something that is hard for you. These might be the parts of a sentence that you can personalize:

  • My disability in the area of …
  • makes school difficult because…

Your handout can include a list of what you want to talk about at the meeting. Here are a few ideas, but your options are unlimited:

  • A favorite class, teacher or subject in school?
  • A time during the school day that is hard for you?
  • Your IEP goals?
  • Something that helps you feel comfortable and do well?
  • Something you want to change in your school schedule or program?
  • Graduation requirements and when you plan to graduate?
  • Your High School and Beyond Plan? (see information below)
  • Anything else that’s important to you?

High School and Beyond Plan

Maybe you started talking about what you might do after graduation when you were in middle school. Washington State public schools are required to help all students begin a High School and Beyond Plan by 8th grade. Ask a teacher, a school counselor and/or your parents if you haven’t started one of those: It’s required so you can graduate from high school.

It’s never too soon to think about what you want to do in the future. When you start building an IEP Transition Plan, it’s critical to think and talk through your ideas and how you see yourself moving forward. Here are some starter questions: 

  1. Where am I now? (strengths, interests, abilities)
  1. Where do I want to go? (aspirations, dreams, expectations)
  1. How do I get there? (goals, courses, activities, helpers, accommodations)

Here are some additional questions to help you plan:

Jobs, Trades, & Work

  • What jobs would be a good fit?
  • What training and/or supports will you need?
  • Does your IEP include community work experience?

Education after high school

  • Do your personal goals include college or technical school?
  • What accommodations will you need?
  • Have you contacted Disability Support Services on campus?

Living arrangements

  • Will you live with family, a friend or on your own?
  • How will you cook, clean, shop, & get around town?
  • Does your IEP have goals for Independent living?

Community experiences

  • What will you do for fun?
  • Will you join a club or support group?
  • How will you make friends and keep in touch?

It’s never too soon to plan ahead!

Setting goals and making some plans now will help your school and family help you make sure you’ve got the right class credits, skills training and support to make that shift out of high school easier.

Being a leader at your IEP meeting is a great way to build skills for self-advocacy and self-determination, which is another great two-part word to learn. Self-determination means you make choices to take control of your life. At your IEP meeting, you can practice describing what helps you or what makes your life hard. You get to talk about what you do well and any projects or ideas that you get excited about. In short, you get to design your education so that it supports your plans to design your own adult life.

Here are links to more ideas and tools to help you get involved in your own future planning:

The Center for Change in Transition Services has a toolkit for youth

Youthhood.org also has resources designed just for you

 

IDEA: The Foundation of Special Education

The Individuals with Disabilities Education Act (IDEA) is a federal law that was passed in 1990 and has been amended. The IDEA provides children with qualifying disabilities, from birth to age 21, with the right to a free public education that is specifically designed to meet their unique, individual needs.

Some important concepts carried over from the Education for All Handicapped Children Act, passed in 1975. That was the first United States law that required schools to provide Special Education to all children with disabilities. PAVE has an article about special education history.

This article provides an overview of the IDEA, which is unique as a law that provides an individual entitlement. Entitlement means that a child with unique needs gets those needs served on an individual basis, not based on a system or program that’s already built and available. The strengths and challenges of a specific student are assessed, and a team including family members and professionals works together to design a program.

The local school district is responsible for providing the program—specialized instruction, services, accommodations and anything else that the team has identified as necessary to provide the student with access to an appropriate education.

FAPE is an important acronym to learn!

The first principle of the IDEA is the right to a Free Appropriate Public Education, FAPE. Figuring out how to provide FAPE is the work of the school and family team that supports a student with a disability. PAVE provides a video Introduction to Special Education that includes more information about FAPE.

Progress measurements are guaranteed under the IDEA to ensure that the student finds meaningful success, in light of the circumstances of disability. If a neighborhood school cannot provide the services and programming to guarantee FAPE, then the school district is responsible to create a program and placement that does meet the student’s needs. PAVE has an article about the placement decision process.

The federal law drives how states design their own special education policies and procedures. Title 34, Part 104 is the non-discrimination federal statute under the Office for Civil Rights Department of Education. In Washington State, rules for the provision of special education are in Chapter 392-172A of the Washington Administrative Code (WAC).

The IDEA considers the whole life of a person with a disability

The IDEA is written in three parts: A, B and C. Part A describes the general goals and purpose of the law. The right of a child with disabilities to receive an education that prepares that child for adult life is stated in Part A: ​

“Disability is a natural part of the human experience and in no way diminishes the right of individuals to participate in or contribute to society…

“Improving educational results for children with disabilities is an essential element of our national policy of ensuring equality of opportunity, full participation, independent living, and economic self-sufficiency for individuals with disabilities.”

Part B of the IDEA covers children ages 3 through 21—or until graduation from high school. Students who receive services through an Individualized Education Program (IEP) are covered under Part B. The six principles listed at the end of this article describe IDEA’s Part B protections.

Part C protects children Birth to age 3 who need family support for early learning. ​The disability category of developmental delay overlaps early learning and IEP and can qualify a child for free, family-focused services to age 3 and school-based services through age 8. PAVE has an article about the transition between Part C and Part B services.

To qualify for an IEP, a student meets criteria in one of the IDEA’s 14 disability categories:

  • Autism: A student doesn’t need a medical diagnosis to be evaluated in the area of autism. If features from the autism spectrum of disability may significantly impact access to education, then the school can assess those features to determine eligibility and special education needs.
  • Emotional Disturbance: Anxiety, Depression, Serious Mental Illness and/or behavior disabilities can fall under this category, which Washington schools often refer to as Emotional Behavioral Disability (EBD). PAVE has an article about mental health in school.
  • Specific Learning Disability: Issues related to dyslexia, dysgraphia, dyscalculia or other learning deficits can be educationally assessed. A formal diagnosis is not required for a student to qualify under this category. A Washington law taking full effect in 2021-22 requires schools to screen for dyslexia: See PAVE’s article about dyslexia.
  • Other Health Impairment: ADHD, Tourette’s Syndrome and other medical diagnoses are captured within this broad category, often shorted to OHI or Health-Impaired on the IEP document.
  • Speech/Language Impairment: This category can include expressive and/or receptive language disorders in addition to issues related to diction. Social communication deficits might qualify a student for speech services.
  • Multiple Disabilities: Students with complex medical and learning needs can meet criteria in this category.
  • Intellectual Disability: A student with Down Syndrome or another genetic or cognitive disorder might meet criteria in this category.
  • Orthopedic Impairment: OI refers to physical disabilities that impact access to education.
  • Hearing Impairment: Note this is a separate category from deafness or deaf-blindness, as educational testing and identified needs may differ.
  • Deaf blindness
  • Deafness
  • Visual Impairment/Blindness
  • Traumatic Brain Injury: Brain Injury Alliance of WA is a good place for resources to better understand TBI and how to support a student with medical and educational needs.
  • Developmental Delay (ages 0-8): This category can qualify a child for early learning (Birth-3) services in addition to IEP services through age 8. By age 9, a new evaluation may determine eligibility in another category for IEP services to continue.

Educational evaluations ask 3 key questions

The disability must have an adverse impact on learning. Not every student who has a disability and receives an evaluation will qualify for an IEP. Following procedures described by the IDEA, school districts evaluate students to consider 3 key questions:

  1. Does the student have a disability?
  2. Does the disability adversely impact education?
  3. Does the student need Specially Designed Instruction (SDI)?

When each answer is yes, a student qualifies for services. In each area of eligibility, specialized instruction is recommended to help the student overcome the impact of the disability in order to access FAPE. PAVE provides comprehensive articles about evaluation and IEP process.

IDEA’s Primary Principles:

  1. Free Appropriate Public Education (FAPE): Students with disabilities who need a special kind of teaching or other help have the right to an education that is not only free but also “appropriate,” designed just for them. Under IDEA rules, schools provide special education students with “access to FAPE,” so that’s a common way to talk about whether the student’s program is working.
  2. Appropriate Evaluation: The IDEA requires schools to take a closer look at children with potential disabilities. PAVE has an article about the Child Find Mandate. There are rules about how quickly those evaluations get done. The results provide information that the school and parents use to make decisions about how the child’s education can be improved. See PAVE’s article about evaluation process.
  3. Individualized Education Program (IEP): An IEP is a dynamic program, not a packet of paper. PAVE provides a short video overview of IEP process. The document that describes a student’s special education program is carefully written and needs to be reviewed at least once a year by a team that includes school staff and parents/guardians. Every student on an IEP gets some extra help from teachers, but the rest of the program depends on what a student needs to learn. Learning in school isn’t just academic subjects. Schools also help students learn social and emotional skills and general life skills. By age 16, an IEP includes a plan for life beyond high school, and helping the student make a successful transition into life after high school becomes a primary goal of the IEP.
  4. Least Restrictive Environment (LRE): The IDEA says that students should be in class with non-disabled classmates “to the maximum extent appropriate.” That means that regular classrooms and school spaces are first choice as the “least restrictive” places. If the school has provided extra help in the classroom but the special education student still struggles to be successful, then the IEP team considers other options, such as a structured learning classroom. The school explains placement and LRE in writing on the IEP document. PAVE has an article about LRE.
  5. Parent and Student Participation: The IDEA and state regulations about IEP team membership make it clear that parents or legal guardians are equal partners with school staff in making decisions about their student’s education. When the student turns 18, educational decision-making is given to the student. The school does its best to bring parents and students into the meetings, and there are specific rules about how the school provides written records and meeting notices (WAC 392-172A-03100).
  6. Procedural Safeguards: The school provides parents with a written copy of their rights at referral and yearly thereafter. A copy of the procedural safeguards is available online from the Office of Superintendent of Public Instruction (OSPI), the guidance agency for Washington schools. Parents may receive procedural safeguards from the school any time they request them. They also may receive a copy if they file a Citizen Complaint or Due Process. Procedural safeguards are offered when a school removes a student for more than 10 days in a school year as part of a disciplinary action. When parents and schools disagree, these rights describe the actions that a parent can take informally or formally. PAVE provides a webinar called Parents as Partners that describes some of the procedural safeguards and offers communication strategies when parents and schools disagree.

PAVE provides information, resources and, in some circumstances 1:1 support through our Parent Training and Information (PTI) center. To get help, reach out through our Help Request Form or by calling 800-572-7368.

 

Placement in the Least Restrictive Environment (LRE) Encourages Inclusion

A Brief Overview

  • LRE has been an aspect of special education law since 1975, when there was widespread public concern about children with disabilities historically being segregated and denied equitable education.
  • Research shows that children of all abilities learn social skills from one another when they learn side-by-side.
  • Some Washington schools struggle to support access to general education programs and settings for students with disabilities. In 2019, only 56 percent of students with disabilities are included in general education settings for 80-100 percent of the school day.
  • Under federal law, a student is placed in a more restrictive setting when the IEP team agrees that the student needs a different placement for education to be appropriately accessible.
  • Help from a paraeducator might be part of the support services that enable a student to access learning in the Least Restrictive Environment (LRE). Note that a paraeducator is a service, not a placement. Having a 1:1 to help in the classroom does not violate LRE. This topic was included in the resolution of a 2017 Citizen Complaint. Read on for more detail.

Full Article

Some other articles that might be of interest: 

Evaluations Part 2: Next Steps if the School Says ‘No’ to Your Request

Section 504: A Plan for Equity, Access and Accommodations

Schools are responsible to provide a Free Appropriate Public Education (FAPE) for students with disabilities. One of the defining principles of special education law is that students with disabilities have access to general education, with nondisabled peers, to the maximum extent possible. That requirement is called Least Restrictive Environment (LRE).

LRE is a key feature of the Individuals with Disabilities Education Act (IDEA) and has been part of disability rights for students since 1975. PAVE has articles about special education history and key principles of the IDEA. The LRE requirements are a response to widespread public concern about children with disabilities historically being segregated in institutions, separated from peers and removed from neighborhood schools.

A student qualifies for the protections of the IDEA and special education services when a disabling condition severely impacts access to learning and specially designed instruction is needed. An eligible student is entitled to a Free Appropriate Public Education (FAPE), delivered through an Individualized Education Program (IEP).

The IEP includes specially designed instruction and goal monitoring, supplementary aids and services, accommodations and intentionally chosen spaces to meet the student’s needs. Those thoughtfully chosen spaces are a student’s “placement.” A decision about placement is made after programming decisions are made by the IEP team.

Parents can learn this terminology to help in their advocacy. Here’s a statement that incorporates key terms: Placement in the Least Restrictive Environment (LRE) is part of a school district’s responsibility when providing a Free Appropriate Public Education (FAPE) for a student who receives special education services.

General Education is the first LRE option

The general education setting is the first LRE placement option, and how placement is designed is unique to a student’s individualized needs. Research demonstrates that students with disabilities perform better academically and learn social skills when they have access to the general education setting with proper support.

According to the Office of Superintendent of Public Instruction (OSPI), which provides guidance to schools in Washington State, “The body of research consistently supports the positive link between access to core instruction in general education settings and improved outcomes for students with disabilities.

“Inclusion is the belief and practice that all students have the right to meaningfully access academic and social opportunities in general education settings.” 

Still, some Washington schools struggle to provide meaningful access to general education programs and settings. In 2019, the state reports that only 56 percent of students with disabilities are included in general education settings for 80-100 percent of the school day.

The 2019 Washington Legislature passed House Bill 1109 to provide $25 million in 2020-21 to  implement professional development in support of inclusionary practices, with an emphasis on coaching and mentoring. Information about the Inclusionary Practices Professional Development Project is available on OSPI’s website.

What the law says

The IDEA states that schools are required to provide FAPE in the Least Restrictive Environment (LRE) “to the maximum extent appropriate.” Each state is required to implement the IDEA. The U.S. Department of Education maintains a website that shares language directly from the federal law. According to Sec. 300.114:

 “Each public agency must ensure that—

  • “To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and
  • “Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only 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.”

LRE decisions follow a 4-part process

OSPI’s website includes information directed toward parents: “Placement decisions are made by your student’s IEP team after the IEP has been developed. The term “placement” in special education does not necessarily mean the precise physical building or location where your student will be educated. Rather, your student’s “placement” refers to the range or continuum of educational settings available in the district to implement her/his IEP and the overall amount of time s/he will spend in the general education setting.”

Selection of an appropriate placement includes 4 considerations:

  1. IEP content (specialized instruction, goals, services, accommodations…)
  2. LRE requirements (least restrictive “to the maximum extent appropriate”)
  3. The likelihood that the placement option provides a reasonably high probability of helping a student attain goals
  4. Consideration of any potentially harmful effects the placement option might have on the student or the quality of services delivered

What if placement in general education isn’t working?

If a student is unable to access learning in an appropriate way (FAPE) because of the nature or severity of the disability, then the IEP team considers alternative placement options. It’s important to note that a student is placed in a more restrictive setting because the student needs a different location within the school, not because it’s more convenient for adults or because it saves the school district money.

According to IDEA, Sec. 300.114, “A State must not use a funding mechanism by which the State distributes funds on the basis of the type of setting in which a child is served that will result in the failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child’s IEP.”

Placement options are vast

IEP teams consider a wide range of placement options. They may discuss whether there’s a need for a small classroom setting, for example, or home-based instruction. For a child with a behavioral health condition, the team may discuss whether a “day treatment” school staffed with specialists in behavior management might provide the best access to FAPE.

The continuum of placement options includes, but is not limited to:

  • general education classes
  • general education classes with support services and/or modifications
  • a combination of general education and special education classes
  • self-contained special education classes
  • placements outside of a school district
  • home instruction
  • residential care or treatment facilities

School districts are not required to have a continuum available in every school building. A school district, for example, might have a self-contained setting or preschool services in some but not all locations. This gives districts some discretion for choosing a location to serve the placement chosen by an IEP team.

Placement and location are different

Note that the IEP team determines the placement, but the school district has discretion to choose a location to serve the IEP.

For example, an IEP team could determine that a student needs a day treatment/behavioral health-focused school in order to access FAPE—an appropriate education. If the IEP team chooses a Day Treatment placement, then the school district is responsible to find a location to provide that placement. Following this process, a public-school district might pay for transportation and tuition to send a student to a private or out-of-district facility. If a request for a specialized placement is initiated by the family, there are other considerations.

OSPI’s website includes this information:

“… if you are requesting that your student be placed in a private school or residential facility because you believe the district is unable to provide FAPE, then you must make that request through a due process hearing.”

Note: Due Process is part of the “procedural safeguards” available to family participants on the IEP team. PAVE has an article and a webinar about options when family members disagree with the school.

1:1 is a service, not a placement

The IDEA specifies that a more restrictive placement relies on data showing that “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.”

Supplementary aids and services can include a wide variety of supports. The student might use assistive technology, for example, or teachers could craft unique ways to present the curriculum. The student may get individualized help from an adult.

The LRE requirement means that schools document efforts to enable a student to access general education, however that might be possible. General education access includes classrooms, programs like PE and art, extracurricular activities, recess…. IEP team members can get creative about how to help the student succeed. Some students design their own clever accommodations. Family members and outside therapists or behavioral specialists also contribute ideas.

A common conflict with families and schools is whether a 1:1 paraeducator might enable access to FAPE in general education. Some parents and schools may have conversations about whether a helper might “restrict” a student’s ability to develop independence. Sometimes those conversations lead to misunderstanding about LRE. A 2017 case in Washington addressed the topic and clarified that a 1:1 is a service, not a placement.

In response to a Citizen Complaint filed by parents in the Lake Washington School District, OSPI issued a public report,  with a finding in favor of the family. The parents wanted their child to get help from a 1:1 aide and disagreed with the school that it would “restrict” the student. According to OSPI’s report, parents had requested a 1:1 aide because they wanted the school to provide more support in order to increase the student’s time in general education. School staff on the IEP team said no to the request, citing a belief that a 1:1 aide “is the most restrictive level of service…”

OSPI rejected that argument, stating:

“The District is incorrect in its belief that 1:1 paraeducator support is the most restrictive environment for all students. Paraeducator support is a supplementary aid and service, not a placement option on the continuum of alternative placements….

“Based on the documentation in this complaint, the District did not base its decision to deny the Parent’s request for 1:1 aide support on the Student’s individualized needs. The District erred in failing to properly consider if the Student could participate in a general education setting with the provision of 1:1 aide support.”

LRE does not mean students are on their own

The conversation about what creates “restriction” is complex, and sometimes school staff bring up the concept of “learned helplessness” if they believe that children learn better with less instead of more support. Each conversation and circumstance is unique, but parents can research the topic of learned helplessness to understand various ways that data are interpreted to generate opinions.

Generally, when someone receives help–including education provided by a teacher or a teacher’s aide–that person learns how to do something and eventually models what is taught, with mastery over time. Revoking help before a person is ready to do something independently may create a help”less” situation. A person who cannot perform a task with success and doesn’t get the needed help to get better at the skill may over time give up and become helpless. Some articles on the subject relate to individuals who have been unable to cope or problem-solve independently and therefore “learn” to be helpless.

Parents talking with the school about LRE and appropriate support can do their best to provide accurate and comprehensive information about a student’s unique disability condition and what is needed to meet the student where he/she is ready to learn.

Following are a few additional resources:

An agency called Teaching Exceptional Children Plus features an article by a parent about the value of inclusion in general education. The January 2009 article by Beth L. Sweden is available for download online: Signs of an Inclusive School: A Parent’s Perspective on the Meaning and Value of Authentic Inclusion.

Understood.org offers an article and a video about the benefits of inclusion.

An agency that promotes best-practice strategies for school staff implementing inclusive educational programming is the IRIS Center, a part of Peabody College at Vanderbilt University in Nashville, Tenn.

Some other articles that might be of interest: 

Evaluations Part 2: Next Steps if the School Says ‘No’ to Your Request

Section 504: A Plan for Equity, Access and Accommodations