...there we stood in the doorway We heard the mission bell and we were thinking to ourselves "This could be heaven or this could be hell" Mirrors on the ceiling The pink champagne on ice. And she said: "We are all just prisoners here of our own device." (Eagles)

Friday, January 11, 2008

LRE 101

The basics of Least Restrictive Environment.

Full context is provided for those who want to see where it came from. The section focused on is found at the bottom below.

If we focus on the last clause, we find:

(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.

How does one know if something can't be achieved satisfactorily?
-Gut feeling?
-Observation?
-Screening?
-Wait long enough until we have no choice?
-Evaluation?
-Administrative convenience (teacher or principal want the kid out)
-"all of those kind of kids go to those kind of kid's place?"


How many times do we hear of a professionally administered functional behavior assessment followed by a professionally developed positive behavioral support plan (supplementary aids and services for both student and teacher) tried until it is determined if it is satisfactory?

Or, do we punish behaviors until we get an evaluation that determines eligibility (and how long does that take), we immediately move the student because "that's where those kids go" and "his behavior is disruptive to the other students."

Can we look at ourselves as related service professionals knowing we tried for the maximum extent appropriate prior to change of placement?
Do we blame the parents for asking questions about the law?
Do we blame the teacher for asking or failing to ask for support?
Are we giving professional support to our students, parents, teachers and site based administrators or just making them accept whatever we have and that's the bottom line?

How professional are we in our profession?
Do we blame the students and parents for their existence?
Do we blame the system for lack of funding and reason for our actions and expect that to be an adequate safe position to take?






IDEA
§ 300.114 LRE requirements.
(a) General. (1) Except as provided in
§ 300.324(d)(2) (regarding children with
disabilities in adult prisons), the State
must have in effect policies and
procedures to ensure that public
agencies in the State meet the LRE
requirements of this section and
§§ 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.
(b) Additional requirement—State
funding mechanism—(1) General. (i) A
State funding mechanism must not
result in placements that violate the
requirements of paragraph (a) of this
section; and
(ii) 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.

No comments: