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.
Some other articles that might be of interest:
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:
- IEP content (specialized instruction, goals, services, accommodations…)
- LRE requirements (least restrictive “to the maximum extent appropriate”)
- The likelihood that the placement option provides a reasonably high probability of helping a student attain goals
- 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: