needs of students with disabilities in the least restrictive environment (LRE).

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1 1 Special education and related services are designed to help meet the unique needs of students with disabilities in the least restrictive environment (LRE). To effectively meet these standards, students with disabilities in Georgia must be exposed to and held accountable for the Common Core Georgia Performance Standards (CCGPS). Ultimately, the Individualized Education Program (IEP) team s goal is for students with disabilities to be educated in general education settings with supplementary aids and services to the maximum extent appropriate. Students with disabilities, including those placed by the district in public or private institutions or other care facilities in Georgia, are to be educated with children who are nondisabled to the maximum extent appropriate. Expectations should be high because ALL students, including those with disabilities, are accountable for the standards. Education of students with disabilities can be made more effective by: teaching the standards effectively, holding the same challenging expectations that have been established for all children; preparing students with disabilities to lead productive and independent adult lives; providing opportunities for parents to participate meaningfully in the education of their students at school and at home; providing effective special education services; providing supplementary aids and services so students with disabilities can learn in general education settings whenever appropriate; and providing general education classroom teachers with professional learning to ensure that students with disabilities receive appropriate accommodations or modifications and are not removed from general education settings because accommodations or modifications are not being provided. * The term special education refers to services provided for students with disabilities, rather than the place where services are provided. Students with disabilities should be part of all school activities, and special education administrators and faculty should be part of all school improvement activities. 1 This manual is meant to serve as a practical guide for implementing the Individuals with Disabilities Education Improvement Act of 2004 (IDEA) and its regulations. It is not intended to state new law or supplant any federal or state laws, regulations, or requirements. Nothing in this manual should be seen as having the force of law. This manual should not be cited as law or as imposing any additional requirements or obligations outside the requirements of existing law. Fulton County School District and parents are not required to adhere to this manual, but only to the requirements of the IDEA as codified in 20 U.S.C et seq., its regulations promulgated in 34 C.F.R Parts 300 and 301, and the rules of the State of Georgia promulgated by the State Board of Education. 1

2 Least Restrictive Environment One of the most significant requirements of the IDEA is that students with disabilities be educated in the least restrictive environment (LRE) to the maximum extent appropriate. When the IEP team has reviewed the student s progress (present levels of academic achievement and functional performance); decided on the goals and, in some cases, objectives for the next year; and developed a transition plan when needed; the team then considers the kinds of supports and services the student will need in order to meet the goals and the setting in which the services will be provided (Georgia Rule ). The IEP team always begins by considering how the goals can be met in the general education classroom. The team should determine the education services, related services, supplementary aids and services, and assistive technology that are necessary for the student to stay in general education, continue to have access to the Common Core Georgia Performance Standards, and meet the goals in the IEP. Examples might include use of an assistive technology device, a behavior intervention plan, support from a paraprofessional or sign language interpreter, or changes in the physical environment such as use of positioning devices for a student with an orthopedic impairment. The IEP team determines the student s needs, services, supports, and/or accommodations that are required to make progress in general education settings. The IEP team can consider placing the student outside of general education settings only when the IEP team has evidence that even with the use of supplemental aids and services, education in general education settings will not be satisfactory. If the student is placed in a setting other than general education settings for a portion of the school day, high expectations for achievement in the CCGPS should continue to be in place. 2

3 LRE Decision Process Document Current Levels of Performance Develop Student IEP Goals (and Objectives, if needed) Determine whether the goal or objective can be taught in a general education classroom Accommodations and Modifications Personnel Supports Settings Determine the alternative placement or community setting where those goals and objectives that cannot be taught in a general classroom can be taught. Determine additional settings or activities that will provide opportunities for interaction with nondisabled peers. Evaluate the student s performance on goals and objectives 3

4 Personnel Supports PERSONNEL SUPPORT GENERAL EDUCATION CONSULTATION DESCRIPTION OF SERVICE Students with disabilities are served in the general education class with no personnel support. Students with disabilities receive at least one segment per month of direct service from the special education teacher. SUPPORTIVE INSTRUCTION COLLABORATION CO-TEACHING ALTERNATIVE PLACEMENT Students with disabilities receive service from personnel other than a certified teacher in the general education classroom (i.e., a paraprofessional, interpreter, or job coach). A special education teacher works with identified students with disabilities and the general education teacher within the general education classroom (less than full segment daily). The special education teacher provides service in the general education classroom by sharing teaching responsibility with the general education teacher (full segment every day). The special education teacher provides instruction to students with disabilities in a separate classroom, special schools, home environment, hospitals, or institutions. 4

5 Frequently Asked Questions What is the Least Restrictive Environment? The Individuals with Disabilities Education Act (IDEA) requires that students with disabilities, to the maximum extent appropriate, are educated with students who are not disabled. This requirement includes children who are publicly placed in public or private institutions or psychiatric care, group homes, or state-operated hospitals in Georgia. Only when the nature or severity of the disability is such that education in general education classrooms with supplementary aids and services cannot be satisfactorily achieved can students with disabilities be moved to other settings such as special classes or separate schooling. Regardless of where services are being provided, students with disabilities are expected to continue to have access to the CCGPS for their grade level, and teachers are expected to maintain high expectations for student performance in meeting the standards (Georgia Rule ). Who decides what placement is the least restrictive environment for a student with a disability? The IEP team determines the least restrictive environment, which includes the services and supports needed for each eligible student with a disability. The IEP team makes the placement decision in accordance with the Georgia Department of Education (GaDOE) Special Education Rules. The student s placement must be based on the IEP and be reconsidered at least annually by the IEP team. In most cases, the student attends his or her home school that he or she would attend if nondisabled. When the IEP team determines a placement that is not available at the home school, the school is determined by the school feeder pattern. The IEP team must consider any potential harmful effects on the student or on the quality of services needed when selecting the least restrictive environment for each individual student with a disability. Districts ensure that a full continuum of alternative placements is available to meet the special education and related service needs of students with disabilities. The IEP team may not make placement decisions based only on the category of the student s disability, the severity of the disability, the placement options currently available, the availability of educational or related services, space available, or administrative convenience. 5

6 The law is also clear that students with disabilities have a right to an equal opportunity to participate in nonacademic and extracurricular services and activities. The District provides accommodations as required that do not change the nature of the activity so that students with disabilities have an opportunity to participate in general school activities such as lunch, counseling services, athletics, transportation, health services, recreation activities, clubs, or employment opportunities. What types of support must be considered by the IEP team for a student with a disability to stay in the general classroom? The IEP team, which includes the parent and the district personnel, must carefully consider accommodations, modifications, personnel supports, and possible changes to the physical environment that will enable the student with a disability to be educated in general education settings. In a co-taught classroom who is responsible for providing special education services? In a co-taught classroom the special education teacher is responsible for providing special education services and should be listed as the service provider on the IEP. Names of teachers should not be indicated on the IEP, but rather their title. For example, Special Education Teacher. Why is the option of general education with no support included on the IEP? Students with disabilities are in general education settings except for what is specified in the IEP, so this does not need to be reiterated. However, there may be times when it is necessary for the IEP team to specify the placement as general education only. On the IEP, where should it be documented that the setting of general education with no support has been considered? The basis of the student s educational program is the general education classroom with no special education supports. Therefore, the IEP should only document those things that constitute a change in the student s educational program. What is the continuum of alternative placements? The continuum of alternative placements includes options that must be available such as general classes, special classes, special schools, home instruction, and instruction in hospitals and institutions. Provisions for supplementary aids, services, and supports such as resource rooms or specialized instruction in small group and/or instruction from itinerant teachers who provide services in several schools, must be made available. 6

7 What are the placement options for preschool age students with disabilities? A variety of placement options are available for preschool students with disabilities. The IEP team should consider the full continuum of options when making the placement decision for a preschool child with a disability. Options include participation in general early childhood programs in the public school or in the community, Head Start, Bright from the Start Pre-Kindergarten, public or private child care/day care, and preschool programs; placement in a separate special education program housed in the public school or in a community-based setting; placement in separate school or residential facility, if necessary; services in the home as the natural environment for a young child; services at the office of a service provider; or a combination of the above based on the child s IEP. 7