Dr. William Allan Kritsonis - Special Education: Least Restrictive Environment, PPT.
Special Education:Least Restrictive Environment Promoting School Success for your Child with a Disability William Allan Kritsonis, PhD
Today you will learn more abouT:• What the law says about the least restrictive environment (LRE);• The PJ Settlement Agreement;• Supplementary aids and services; and• How to address fears parents have about including students with disabilities in general education classrooms.
Individuals with Disabilities Education Act (IDEA 04)• 1975- Education of All Handicapped Children Act• Reauthorized every five years• Provides for a free appropriate public education (FAPE) for students with disabilities• Last reauthorized in 2004
no Child lefT behind (nClb)*Signed into law January 2002*Improve outcomes for All Children*Close the achievement gap between children with or without disabilities*Emphasis on reading and using approaches that have been proven to be effective*Ensure that teachers are highly qualified
IndIvIdualIzededucatIon Program – (IeP )TheIndividuals with Disabilities Education Improvement Act of 200 aligns IDEA closely to theNo Child Left Behind Act (NCLB), helping to ensureequity, accountability and excellence in education forchildren with disabilities.Note that IDEA 2004 is in effect as of July 1, 2005, withthe exception of the Highly Qualified provision, which hasbeen in effect since the laws signing on December 3,2004.On August 14, 2006, the official copy of the final Part Bregulations of the IDEA 2004 was published in theFederal Register.
Planning before PlacementThe next slide will give you the childs placement(where the IEP will be carried out) and must bedecided. The placement decision is made by a groupof people, including the parents and others who knowabout the child, what the evaluation results mean, andwhat types of placements are appropriate. In somestates, the IEP team serves as the group making theplacement decision. In other states, this decision maybe made by another group of people. In all cases, theparents have the right to be members of the group thatdecides the educational placement of the child.
Parent Student Attend & Participate – when ready Self-advocate Attend Share information Share visions & priorities Communicate to resolve Ask differences questions Acknowledge differences Observe the child Review/monitor progress Commit resources Follow procedural safeguards Roles and School Deliver services responsibiliti es
Placement in the least RestRictive enviRonment- (lRe)* The placement of students with disabilities ages 3 through 21 in appropriate settings has been an integral part of the Individuals with Disabilities Education Act (IDEA) since its enactment. Three basic principles are included in the federal mandates. These are:• Placement is based on the student s individualized education program;• Placement is in the least restrictive environment; and• A continuum of alternative placement options is available to all students with disabilities.
factorS:• First Factor requires that consideration be given to a comparison of the benefits in the regular class and the benefits in the special class. In Daniel R. v. El Paso Independent School District , the United States Court of Appeals for the Fifth Circuit determined that the appropriateness of placement in the regular classroom is not dependent on the students ability to learn the same things that other students learn in the regular classroom. The benefit from social interaction of the student with nondisabled peers is a legitimate benefit that can be derived from placement in the regular classroom.• Second factor requires that consideration be given to the potentially beneficial or harmful effects that placement in the regular classroom may have on the student with educational disabilities and the other children in the class. Two examples of the many beneficial social and academic effects that may accrue to a student with disabilities include positive peer models and high expectations for achievement. The potentially beneficial effects on the other children in the class are fostered as they learn to understand and accept the individual differences of their peers. Harmful effects may include the disruptive behavior of a student with disabilities if the disruptiveness is severe enough to significantly impair the education of other students. The school district must demonstrate that full consideration has been given to the complete range of supplementary aids and services that could be provided to the student to deal with the problem behaviors.
Placement oPtionS include:• a regular classroom;• a regular classroom with modifications and/or supplemental aids and services;• a resource room for special education instruction with instruction in a regular classroom;• a classroom for children with disabilities located in a regular school;• day or residential special schools, where many or all students may have disabilities; and• a home, hospital, or institution based program
The PJ Settlement AgreementP.J., et al v. State of Connecticut, Board ofEducation, et al. was filed in 1991 on behalf of fiveschool-age children with mental retardation and theirfamilies. The case was certified as a class action lawsuiton December 13, 1993. The court defined the class as“all mentally retarded school-aged children inConnecticut who have been identified as needing specialeducation and who. . . are not educated in regularclassrooms” The Settlement Agreement specificallyincludes children with the label “Intellectual Disability.”On May 22, 2002, a Settlement Agreement wasapproved and 5 goals and outcomes were determined.
The Five Goals of the PJ Settlement Agreement• An increase in the percent of students with mental retardation/intellectual disability who are placed in regular classes.• A reduction in the disparate identification of students with MR/ID by racial, ethnic or gender group.• An increase in the percent of the school day that students with MR/ID spend with non-disabled students.• An increase in the percent of students who attend their “home school.”• An increase in the percent of students with MR/ID who participate in school-sponsored extracurricular activities with non-disabled peers.
How Do You Address the Fears of Parents with Disabilities in a Regular Classroom:• http://www.klschools.org/www/klsd/site/hosting/public_h The above link will give you a “Special Education Parent Handbook”, which is a (47 page) very interesting publication for a reference guide.* http://www.coping.org/specialneeds/normaliz.htm Tools for Parents of Children with Disabilities and Special Needs
References• http://www.coping.org/specialneeds/normaliz.htm• http://www.klschools.org/www/klsd/site/hosting/public_html/SPED/S• Individuals with Disabilities Education Improvement Act of 2004 (IDEA)• No Child Left Behind Act (NCLB)• http://www.wrightslaw.com/info/lre.index.htm• http://www.wrightslaw.com/advoc/articles/idea.lre.fape.htm
APPENDEXSome text books that might be of some help orreferences to both the parent and schools are asfollows:
Case Studies Case law:• Board of Ed. of Hendrick Hudson Central School Dist. v. Rowley 458 U.S. 176 (1982). First decision in a special education case by the U. S. Supreme Court; defined "free appropriate public education" in the least restrictive environment. Carter v. Florence County, U. S. Court of Appeals for the Fourth Circuit While arguing that four months a year of progress in reading was appropriate, the district also argued that because Trident Academy was not on the States "approved" list, Shannons parents should not be reimbursed for the placement. The Court discusses the mainstreaming policy and "least restrictive environment". This ruling created a "split" among circuits that opened the door to an appeal to the U. S. Supreme Court in Florence County School District Four v. Shannon Carter.• Hartmann v. Loudoun County, U.S. Court of Appeals for the Fourth Circuit, inclusion and LRE for child with autism (1997). L.B. and J.B. ex rel. K.B. v. Nebo UT School District, U. S. Court of Appeals for the Tenth Circuit. Parents of child with autism reimbursed for ABA therapy and private preschool which was LRE; also impartiality of hearing officer. (August 2004) T. R. v. Kingwood Township (NJ) (3rd Cir. 2000) Clarifies requirement to provide a "free appropriate education (FAPE)" in the "least restrictive environment, meaningful benefit, continuum of placements. Zachary Deal v. Hamilton Dept of Educ (TN Due Process Decision Aug 2001) Administrative law judge issues 45 page decision after a 27-day due process hearing; finds procedural safeguards and LRE violations; substantive violations ; discusses credibility problems with school witnesses re: closed minds, evasiveness.
ConclusionThis was a very interesting topic to do my PowerPoint Presentationon and I found a lot of information on the subject matter. I could goon and on because there is so much to learn and tell. I had theopportunity to teach as a Special Education Associate in DesMoines, Iowa many years ago and I learned a lot from thatexperience. Now that I teach in the Aldine ISD district, I am gettinghands on experience as a teacher on some of the issues and lawsthat are associated with Special Education Least RestrictiveEnvironment. I have several students on my class roster that I dealwith it every day. And I am learning new things everyday as well.To me, “the least restrictive environment is the one that, to thegreatest extent possible, satisfactorily educates disabled childrentogether with children who are not disabled, in the same school thedisabled child would attend if the child were not disabled."