Least Restrictive Environment

CMCSS

Understanding Least Restrictive Environment (LRE)

CMCSS Special Populations Goals:

1. Improve access to the TN State Standards in ELA and Math for SWD.

2. Improve college and or career readiness outcomes for SWD. 

3. Increase access for students with comorbid mental health/intellectual disabilities.

4. Increase inclusive opportunities for early childhood.

5. Decrease the significant disproportionality for SWD.

Least Restrictive Environment:

 §§300.115 through 300.120.

(2) Each public agency must ensure that—

(i)  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

(ii) 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.

Data-Based Decisions:

IEP teams should begin the LRE discussion by considering the general education classroom setting. If the evidence and data supports the need to select a more restrictive setting for that student (e.g., a student receives social skills and emotional regulation intervention for an hour a day within a special education setting), efforts should be made to consider skills necessary for the student to move toward a less restrictive setting following the IEP.  The TN state goal is for all students (K–12) to spend 80 percent or more of their day actively participating in general education to the maximum extent appropriate.

Please Note: It is necessary for the school district to make data-based decisions when determining a student’s LRE and should not assume a student requires a more restrictive environment, such as another setting or classroom assistance, without the data to support that decision.

Least Dangerous Assumption:

The “least dangerous assumption” states that in the absence of absolute evidence, it is essential to make the assumption that, if proven to be false, would be least dangerous to the individual. Considering general education first for all students, regardless of disability, is a critical component of the least dangerous assumption. Evidence and data collected should be discussed at each IEP meeting before making the determination that a student requires a more restrictive setting.”

LRE Decision Process:

An LRE decision is about where a student will receive core instruction, not what the student is being taught.  All students, regardless of disability, should be provided core instruction in addition to their skill deficit areas. 

LRE refers to a related set of requirements aimed at providing individuals with disabilities: 

•       the greatest interaction with children, youth, and adults without disabilities  

•       the appropriate education  

•       the special assistance needed for success in the general education setting  

What Does That Mean?

That means our district must educate students with disabilities in the regular classroom with appropriate aids and supports, referred to as “supplementary aids and services” to the extent appropriate. Not all students require a special educator within the general education setting during core instruction. Many students can access core instruction without a special education teacher or a paraprofessional. Less restrictive options should be considered when determining a student’s needs in core instruction and intervention related to a student’s area of deficit.

The “continuum of services” refers to the scope of services, ranging from the least intensive to the most intensive services and supports, which must be made available to students with disabilities within our school district so that they may be served in the least restrictive environment (LRE). 

CONTINUUM OF SERVICES

General Education

Student with a disability is served in the general education class without personnel supports (may or may not require accommodations).

Consultation

Student with a disability receives consultative services (general/special education collaboration).

Supported Instruction - Core Support

Student with a disability receives service from additional supports in the general education classroom (i.e. paraprofessional, interpreter, teacher, job coach, etc.)

Intervention

Student with a disability receives support in a separate classroom for a portion of the day.

Self-contained

Student with a disability is served in a self-contained setting for a majority.

Homebound

Student receives through our Student Services Department

Out-of-District

Student receives services in a special day school, residential, hospital, etc.

IEP TEAM QUESTIONS

IEP teams should consider the following questions when determining a student’s LRE: 

• 1. How much of the core instruction (i.e., English language arts and math) is the student receiving in general education?  

  2.  What accommodations and/or modifications does the student require to be successful in the general education setting?  

  3. Is it possible for these accommodations and/or modifications to be provided within the general education setting?  

  4.  What supports are needed to assist the teacher and other personnel in providing these accommodations and/or modifications? 

  5. How will receipt of special education services and activities in the general education setting benefit this individual?  

  6. How much of the core instruction will the student miss when leaving the general education setting? How will this instruction be delivered so that the student with a disability is receiving comparable core instruction to his/her peers?

  7. Why does the student need to receive instruction outside of the general education setting? (i.e., intervention toward IEP goals, present levels compared to grade level expectations, meeting student need)

  8. Can the student be served in the school that he or she would attend if nondisabled? If not, can the student be served as close to his/her home as possible? 

LRE DECISIONS

IEP teams should make LRE decisions based on the following: 

•       characteristics and needs of the individual student  

•       goals, objectives, and services required to address the student needs  

•       supplementary aids and supports needed by the student  

•       intervention implementation 

•       educational benefit of each service 

•       academic opportunities and settings that nondisabled individuals experience  

•       non-academic and extracurricular activities in which nondisabled individuals participate    

OUTCOMES

IEP teams may decide one of the following outcomes for a student’s LRE: 

•  A special education teacher or paraprofessional is needed to support the student within the general education curriculum to provide: 

  •  instruction,  

  •  scaffolds, and/or  

  • accommodation guidance and implementation.

  • A special education teacher is needed to consult with the student’s general education teacher(s) to provide planning assistance, answer student-specific questions, and problem-solve difficulties within the classroom. However, if a student receives consultation services only, the IEP team may need to conduct a re-evaluation to determine if special education services are still appropriate. 

  • A special education teacher is needed to provide the most intensive intervention to address specific IEP deficits. Students may receive this level of intervention in one or more settings through one or more sessions a day.

  • Service delivery may be a combination of special education supports within the general education setting and specialized instruction within academic and non-academic portions of the school day. The location, frequency, and duration of each special education service is decided by the IEP team on an individual basis. Specific services may be for a portion of, or all of, the IEP year; however, the student should have at least one special education service throughout the annual IEP. 

Please Note:  All services provided to each student must be documented on the IEP. 

ACCESS TO CAREER AND TECHNICAL EDUCATION (CTE)

All students in high school should have the option to participate in CTE. CTE is a program of study in a career field that is a clearly defined, progressive sequence of courses grouped by knowledge and skills, including a rigorous set of standards. CTE courses are aligned with postsecondary and industry opportunities, and programs of study are grouped into nationally recognized career clusters and typically contain 3–5 courses.   

The students may require accommodations, modifications, or direct support within the CTE setting from a special education teacher. The IEP team should address these needs in the IEP services and accommodations. The safety test must be provided according to the student’s IEP and should not be used to prevent course participation.

DIRECT SERVICES

Direct special education services can be provided in the general education or special education setting by certified or non-certified staff. Teachers/staff provide the services directly to students. These services include, but are not limited to: 

•       Speech and language therapy in the general education or special education setting 

•       Co-teaching, which is a delivery model which includes a certified general education teacher and a certified special education teacher delivering coordinated instruction in the general education classroom 

•       Paraprofessional support in the general education setting 

•       Pull-out services in the special education setting 

•       Deficit-based intervention services 

RELATED SERVICES

IEP teams may determine that related services are necessary for students to benefit from special education. These services typically include developmental, corrective, and other supportive services. Related services should support the special education program outlined in the IEP with a clear correlation between the related services and the IEP goals. Related services examples include, but are not limited to, the following:  Behavioral health services;  Counseling services;  Hearing/auditory services;  Nursing services;  Occupational therapy;  Physical therapy;  Psychological services;  Recreation services;  School health services;  Work-based learning;  Aides in general education setting;  Sign-language interpreter;  Speech therapy;  Language therapy;  Vision services;  Orientation and mobility services 

CONSULTATION

Consultation may be provided by a special education teacher, speech-language pathologist, and/or related service provider. It is considered to be a service that is delivered by certified staff to certified staff, with minimal services (if any) provided directly to the student. 

Consultation may include, but is not limited to: 

•       Discussion on the implementation of the current IEP

•       Review of current accommodations and progress on goals 

•       Implementation of behavior plan and/or behavior data 

•       Collaboration to revise/develop future IEPs 

COLLABORATION WITH GENERAL EDUCATION

General educators are expected to provide instruction to students with a broad range of learning, behavioral, and developmental differences. For this, schools rely on support services, such as special education teachers and other professionals of varied backgrounds to work closely with one another, making collaboration a “crucial dimension to the planning, delivery, and evaluation of special education and related services… and a means to achieving inclusion.”

Collaboration may include, but is not limited to: training teachers on accommodations and helping plan for use; discussing progress and data; and assessing and adjusting instruction. 

Collaboration may occur throughout the school day during grade-level professional learning communities (PLCs), weekly team planning meetings, monthly planning meetings, or during planning time. 

COLLABORATION POINTERS

• Positive remarks about students

• Encouraging comments to your collaboration partner

• High expectations for students & teachers

• Dependability: be on time, prepared, and engaged

• Compromise

• Be the change you want to see

EXTENDED SCHOOL YEAR

Extended school year is determined annually by the IEP team, according to IDEA 34 C.F.R.§300.106, and should be made in a timely manner so the parent(s)/legal guardian(s) can make adequate plans for the student’s participation as well as consider their rights in relation to the decision. Progress monitoring data regarding the student’s performance prior to and immediately following school breaks must be considered in determining an individual’s need for ESY.

Teachers should share interventions and strategies for which the student is successful through collaboration prior to ESY and then following ESY to articulate the student’s progress. This can assist in effective transition between the two teachers and ensure the intensity and fidelity of the intervention. 

ESY may be determined necessary in situations such as the following: 

•      A student’s level of performance on a skill or set of skills regressed to the degree that it takes an extended length of time to recoup the skills to the former level. 

•      A student was recently determined eligible for special education (or is new to the school or district) and is now showing growth in a skill but has not had sufficient time to show mastery (or progress monitoring from the prior placement is unavailable).  

•      A student’s behavior is such that a break from routine or school support leads to behavior that is harmful to self or others or can cause regression in behavior to the degree that upon returning from the break; the student requires a more restrictive LRE than required before the school scheduled break.  

•      A student’s physical health or needs are such that continuous intervention is required. 

TRANSPORTATION

Transportation is also a related service and must be considered annually for a student.  As with academic instruction, the goal is for students to participate with their peers to the maximum extent appropriate. If, however, the student is not successful within the general education setting (i.e., the bus offered to all who live on that route), an alternate, more restrictive setting (i.e., special education bus or transportation) may be selected by the IEP team. The amount of time that a student spends on the bus during the route should be as closely aligned to the time their peers spend on a bus to the maximum extent appropriate. This transportation is provided to families at no cost and is considered a portion of the student’s school day and services.  Therefore, if a student is suspended from the bus, it is considered a day of suspension and counts towards the 10 days allotted per student per school year before a manifestation determination is required. 

The special education bus may also contain additional adult support from a paraprofessional or noncertified assistant hired by the district.  The driver and paraprofessional should be trained in behavior modification strategies, health, and safety.  The school system may contract transportation services from a private vendor if the necessary adapted transportation is not otherwise available. 

*Please contact your appropriate level consulting teacher if you need further assistance.