LRE justification

IDEA guarantees that each child with a disability will receive a free appropriate public education in the least restrictive environment (LRE) appropriate. Placement in the general education classroom is the first placement option the IEP team must consider. The majority of students with disabilities can and should receive instruction in general education classes with access to whatever specially designed supports and services are necessary to do so successfully.

If the IEP team, based on data, determines that the child cannot be educated satisfactorily in the general classroom, even with the identified supports and services the team must then consider other placements outside of the general classroom in order to provide FAPE for the child. The range of such placements that each school system is required to have available is commonly referred to as a continuum of services. The LRE must be determined for each student based upon that child’s individual needs.

Providing special education supports and services to a child with a disability in any location other than the general education setting must be a team decision that is based on data and reviewed at least annually. IEP teams need to use some form of LRE decision-making framework to make decisions about where and by whom special education supports and services will be provided. According to IDEA, all children with disabilities, to the maximum extent possible, are to be educated with peers without disabilities. A continuum of LRE options must be available to meet the unique needs of each child with a disability.

When students are removed from the general education setting for any reason throughout the school day, districts must explain why (justification) the instruction cannot be delivered in the general education setting with the necessary supplemental supports and services described in the IEP. The presence of a disability alone is not a reason for removal. The team must provide specific examples of why a separate setting, away from nondisabled peers and general educators, is the best learning environment to assist the student in making progress on their IEP goals. A justification statement is required if a child receives services, including related services, anywhere other than in the general education setting with non-disabled peers. This includes testing. If the student will receive testing away from non-disabled peers, a justification of that should be noted in both accommodations in section 7 as well as in section 11 of the IEP.