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What is the Least Restrictive Environment (LRE)?
What is the Least Restrictive Environment (LRE)?
LRE is one of the core mandates of IDEA. It states that children with disabilities should be removed from the general population “only when the nature or severity of the disability” is such that the child cannot access an education. MRSD staff recognize special education is a service not a place. To meet LRE requirements, IEP teams are first tasked with developing IEPs that are uniquely tailored to student needs (e.g., academic, developmental, functional) and reasonably calculated to provide students with educational benefit. This means they use data to decide what types of and how much specially designed instruction a student needs to meet their goals. SDI is then provided in a continuum of placements, beginning with general education and continuing up to more restrictive placements, to meet individual special education and related services needs.
MRSD's continuum of placements includes:
General education with push-in special education support in the general education classroom: This is considered the least restrictive environment for the majority of students in special education. All services, such as specially designed instruction (SDI) and speech and language therapy, are provided in the regular classroom.
General education with removal to receive SDI: This option includes pull-out instruction, which could involve participation in a resource classroom setting or individual and group speech and language therapy groups in a speech room.
Extended Resource Centers (ERC; available to all school age students): Students who participate in the ERCs experience cognitive impairment and have high levels of academic needs in all subject areas that cannot be adequately addressed in a resource setting. They may also require support for daily activities.
Life Enrichment Education Program (LEEP; available to all school age students, including transition students): Students in LEEP experience cognitive impairment and require extensive and pervasive support for daily activities. They may also require assistance with mobility and medical care. The curriculum focuses on personal management, communication, practical living skills, vocational skills, leisure and recreation activities, and social skills. Based on the individual needs of each student, the Education Service District (ESD) offers speech and language therapy, occupational therapy, physical therapy, adaptive PE, and nursing support.
Supported Behavior Centers (SBC; available for students in 2nd to 12th grades): Students who participate in the SBCs experience severe difficulty regulating their emotions and behavior in the classroom. These classrooms operate like traditional classrooms with additional supports primarily related to engagement strategies and behavioral and emotional regulation. Teachers follow the same concept instruction schedule taught in the grade level classrooms with accommodations or teaching strategies that support the student need.
Heron Creek Therapeutic Program (available to all school age students, including transition age students): Heron Creek is an outside placement of MRSD and self-contained program that supports students with significant social, emotional, behavioral, and academic challenges to learn and use skills to meet their educational goals.
How Are Placement Determinations Made?
How Are Placement Determinations Made?
Placements are determined at least annually by an IEP team based on individual student needs. Given the significant impact of placement changes on students’ academic careers, case managers follow the Placement Change Process (see below) whenever staff or parents think a student is not making adequate progress in a placement. Placement is determined by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options.
Among the many factors teams balance when making placement decisions, they should consider the following from the Sacramento City School District v. Holland, a 1994 9th circuit case balancing test:
Academic benefit: The educational benefits available to the student in the regular classroom, supplemented with appropriate aids and services, as compared with educational benefits of a special classroom placement;
Academic benefit to student from being in regular classroom
Academic benefit to student from being in instructional setting outside regular classroom.
Progress on academic IEP goals and objectives in regular classroom.
Degree to which student would be able to participate in general curriculum in regular classroom, with or without modifications.
Extent to which district has considered or tried appropriate supplementary aids and services to support instruction in regular classroom.
Student’s need for intensive instruction in special setting for a period of time to benefit from instruction in regular classroom in the future.
Nonacademic benefit: The nonacademic benefits of placement in a regular classroom;
Other educational benefits the student has or would receive from placement in the regular classroom in areas such as language, social skills, behavior, self-esteem.
Progress student has or would make on nonacademic goals in the regular classroom.
Nonacademic benefit student would have or receive in specialized classroom/.
The degree to which the student interacts with other students in the regular classroom.
The degree to which the student acquires appropriate communication and social skills modeled by nondisabled students.
The extent to which the district has considered or tried appropriate supplementary aids and services to support placement in regular classroom.
Disruptive effect: The effect of the student’s presence on the teacher and other students in the regular classroom
The degree to which the student would disturb or distract other students in the regular classroom or otherwise disrupt the learning environment.
History of unruly, aggressive, or assaultive behavior; injuries to others resulting from student’s behavior.
Threats to other students or staff.
Sexual harassment of students or staff; inappropriate sexual conduct.
Efforts made by the district, including the consideration or use of appropriate supplementary aids and services, to control the disruption, danger, or other detrimental impact on the regular classroom, and the results of those efforts.
Amount of time the regular classroom teacher would be required to devote to the child with disabilities.
Placement Change Process
Placement Change Process
Placement Change Process.pdfHow Do IEP Teams Know When IEP Changes Amount to a Change in Placement?
How Do IEP Teams Know When IEP Changes Amount to a Change in Placement?
Staff should be aware that placement changes can occur even when students remain in the same setting but receive a different amount of supports. There are four questions that will clarify whether a placement change has occurred (if number 1 and any of the other questions are answered "yes," the student's placement has been changed):
Was the IEP changed?
Has the percentage of time with general education students changed?
Did the change limit the student's access to extracurricular opportunities?
Was the federally numbered placement code changed (refer to instructional grid in Placements and Placement Changes Guidance)?
What are the Requirements for Placing Students on an Abbreviated Day?
What are the Requirements for Placing Students on an Abbreviated Day?
Since the 2017-2018 school year, Oregon law has required school districts to provide parents/guardians with a notice and also obtain a signed parent/guardian acknowledgement of receiving the notice prior to placing a student on an abbreviated day.
Best practice is to collect and review behavioral data prior to meeting to discuss placing a special education student on an abbreviated day (e.g., are there triggers for behavior or discomfort, does behavior discomfort occur at same time or in same place each day, are there conditions under which behavior or discomfort is less likely). With this information, the team can ensure they have considered and/or attempted all possible supplementary aids and services (e.g., FBA and BSP, IA support, modified classes or schedule, accommodations during transitions, etc.) that might assist the student in accessing a full day. If the team determines an abbreviated school day is appropriate, they should develop a step-up plan that specifies 3 or more appropriate steps (e.g., 2 classes per day, half day, etc.) and a standard (e.g., daily behavior or emotional ratings) at which the student’s step will change. See sample step-up plan.
****December 26, 2019
Senate Bill 475: Foster Youth, Abbreviated School Day Programs and Changes to ODE’s Notice and Acknowledgement Sample Form
Senate Bill 475: Foster Youth, Abbreviated School Day Programs and Changes to ODE’s Notice and Acknowledgement Sample Form
Effective January 1, 2020, Senate Bill 475.pdf sets forth new requirements relating to the placement of foster youth on abbreviated school day programs.
SB 475 adds language to ORS 343.161 (Abbreviated school day programs; parental rights) that explicitly notes its application to foster youth, and also describes the rights of foster parents and surrogates. SB 475 also adds the following provisions to ORS 343.161: (1) The student’s Individualized Education Program (IEP) team must provide the student’s foster parent with a reasonable opportunity to physically attend the meeting at which the abbreviated school day program is discussed; and (2) The school district must provide the foster parent with a written statement that summarizes the IEP team’s documentation that the team considered at least one option that included appropriate supports for the student and that could enable the student to access the same number of hours of instruction or educational services that are provided to students who are in the same grade within the same school.
ORS 343.161 currently states that, with certain exceptions (e.g., discipline in compliance with existing law, home schooling), students who do not have IEPs must not be placed on abbreviated school day programs without parent consent. For students with IEPs, an abbreviated school day program may only be implemented if determined necessary by the IEP team. There are specific requirements for any IEP team considering such a placement, as follows:
A school district may provide an abbreviated school day program to a student with an IEP only if the student’s IEP team takes all of the following actions:
Determines that the student should be placed on an abbreviated school day program based on the student’s needs;
Provides the student’s parents/guardians with an opportunity to meaningfully participate in a meeting to discuss the placement;
Documents in the IEP the reasons why the student was placed on an abbreviated school day; and
Documents that the team considered at least one option that includes appropriate supports for the student and that could enable the student to access the same number of hours of instruction or educational services that are provided to students who are in the same grade within the same school.
SB 475 also modifies the existing abbreviated school day notice and acknowledgement provision of ORS 343.161 to specifically include provisions for foster youth. At least once per term, districts must provide written notice to, and obtain signed acknowledgement from, parents/guardians or foster parents regarding abbreviated school day program rules and processes. See links to sample language school districts can incorporate to update existing notice and acknowledgement forms below.
For questions please contact:
Lisa Bateman
503-947-5655
How do Transportation and School Entry Requirements Differ for Students in Foster Care?
How do Transportation and School Entry Requirements Differ for Students in Foster Care?
The new ESSA provisions relating to students in foster care include:
o Allowing students in foster care to remain in the school district /school of origin even when the foster home
placement changes.
o Requiring schools to immediately enroll students in foster care after a school move.
o Requiring foster care point of contact in every state education agency as well as each school district.
o Requiring plans for school district/school of origin transportation to maintain a foster student attendance
in the school district/school of origin.
Foster Care Technical Assistance Manual (final) 8-31-18 (1).pdfFoster Student School District of Origin Transportation Request Form 08-....pdfPage updated
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