Presentation by Carol Quirk, Co-Executive Director at Maryland Coalition for Inclusive Education, given during her visit to Yekaterinburg, Russia, sponsored by the US Consulate General in Yekaterinburg.

1. Legal Aspects of Inclusion
Carol Quirk, Ed.D.
Learning Together to Live Together

2. Today…
• THE LAW: an understanding of the legal aspects of
placement in IDEA and case law
• MAKING CHANGE: systemic change to inclusive
schools and classrooms
• STUDENT PLANNING: what it looks like for a student
who may take the alternate assessment
• Discussion
Maryland Coalition for Inclusive Education

5. Individuals with Disabilities
Education Act (IDEA)
• 1975 Education of All Handicapped Children Act
• 1990 renamed IDEA: the Individuals with Disabilities
Education Act
• 1997 Amendments to IDEA
• 2004 Amendments to IDEA
Maryland Coalition for Inclusive Education

6. Parental Rights
Due Process Rights
Free Appropriate Public
Education (FAPE)
Special Education and
Related Services
 Provided at public expense
 To meet the unique needs of
student so the student can:
 Benefit from education
 Progress in general
curriculum
In the Least
Restrictive
Environment (LRE)
With children who
are not disabled
– As close to home as
possible (neighborhood
school)
Maryland Coalition for Inclusive Education

7. Special Education
Specially designed instruction means
adapting, as appropriate to the needs of an eligible
child … the content, methodology, or delivery of
instruction
WHY?
to address the unique needs of this child that result from
that child’s disability
to ensure access of the child to the general curriculum so
that he or she can meet the educational standards that
apply to all children.
Maryland Coalition for Inclusive Education

8. “Least Restrictive
Environment”
• children with disabilities. … are
educated with children who
are nondisabled
• The child's placement
– determined at least annually
– as close as possible to the child’s
home
• the child is educated in the
school that he or she would
attend if nondisabled

9. “Least Restrictive Environment”
• consideration is given to any
potential harmful effect on the
child or on the quality of
services that he or she needs
• A child with a disability is not
removed from education in age
appropriate regular classrooms
solely because of needed
modifications in the general
curriculum

10. “Least Restrictive Environment”
• Children with disabilities may
be removed…
…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.

11. Continuum of Alternative
Placements
Must be available to meet the needs of
students
Includes instruction in:
regular classes,
special classes,
special schools,
home instruction, and
instruction in hospitals and institutions
Maryland Coalition for Inclusive Education

12. “Least Restrictive Environment”
• Each public agency shall ensure
that
special classes, separate
schooling or other removal of
students with disabilities 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.

13. Individualized Determination
 Made by a team that includes parents
 Based on IEP, NOT on
 Category or significance of disability
 Availability of services
 Configuration of service delivery system
 Availability of space
 Administrative convenience
Maryland Coalition for Inclusive Education

14. Individualized Determination
 In conformity with LRE provisions
 Is as close as possible to student’s home
 Unless the IEP of the student requires some other
arrangement, the student is educated in the school
he or she would attend if not disabled (i.e.
neighborhood or zoned school).
Maryland Coalition for Inclusive Education

15. Sequential Determination
Begin with presumed placement in regular
education classes in the school the student would
attend if not disabled:
“Unless the IEP of a child with a disability requires
some other arrangement, the child is educated in the
school that he or she would attend if nondisabled.”
Maryland Coalition for Inclusive Education

16. Sequential Determination
• IF the IEP cannot be implemented in the least
restrictive placement,
the team must consider the full range of
supplementary aids and services in the LRE, before
moving on to a more restrictive setting
Maryland Coalition for Inclusive Education

17. Placement Considerations
34 C.F.R. §300.116
1. The effect of the student’s disability on his or
her involvement in the general curriculum.
Maryland Coalition for Inclusive Education

18. Placement Considerations
34 C.F.R. §300.116
2. Provision of services (special
education, related services, and
supplementary aids and services) so that the
student may be involved in and progress in
the general curriculum.
Maryland Coalition for Inclusive Education

19. Placement Considerations
34 C.F.R. §300.116
3. The continuum of placement options must
be considered, including the provision of
such supplementary aides and services as
resource room or itinerant instruction
provided in conjunction with a regular
placement.
Maryland Coalition for Inclusive Education

20. Placement Considerations
34 C.F.R. §300.116
4. The consideration of the continuum starts
with placement in regular classes with
supplementary aids and services in the
school the student would attend if he or she
did not have a disability.
Maryland Coalition for Inclusive Education

21. Placement Considerations
34 C.F.R. §300.116
5. The consideration of any potential harmful
effect that the placement being considered
would have on the student or the quality of
services to be provided.
Maryland Coalition for Inclusive Education

22. Placement Considerations
34 C.F.R. §300.116
6. The student cannot be removed from the
regular education environment based solely
on the student’s need for modifications of
the general curriculum.
Maryland Coalition for Inclusive Education

23. Placement Considerations
34 C.F.R. §300.117
7. The student must be permitted to
participate with typical peers in
nonacademic and extracurricular
activities, to the extent
appropriate, including
meals, recess, athletics, recreational
activities, special interest groups of clubs
sponsored by the school.
Maryland Coalition for Inclusive Education

24. Placement Considerations
34 C.F.R. §300.116
8. The team must explain in writing in the IEP
the degree to which the student will not
participate with typical peers.
Maryland Coalition for Inclusive Education

25. Supplementary Aids and
Services
Aids, services and other supports
provided in regular education classes or other
education-related settings
to enable children with disabilities
to be educated with nondisabled children
to the maximum extent possible.
Maryland Coalition for Inclusive Education

26. Supplementary Aids and
Services
To help students with disabilities obtain three benefits:
1. To advance appropriately in attaining IEP goals
2. To be involved in and to progress in the general
curriculum and to participate in extracurricular
and non-academic activities.
3. To be educated and participate with other
students with disabilities and those without
disabilities.
Maryland Coalition for Inclusive Education

27. Supplementary Aids and
Services
 Teams should consider the full range of
supplementary aids and services.
 The general education teacher assists the IEP team
in determining:
• the supplementary aids and services
• program modifications
• supports for school personnel that will be provided for the
student
Maryland Coalition for Inclusive Education
27

28. Supplementary Aids and
Services
Permissive Use of Funds
Federal funds provided pursuant to the IDEA for
special education and related services and
supplementary aids and services provided in a
regular education class to a student with a disability
may benefit one or more students without
disabilities.
Maryland Coalition for Inclusive Education

29. Supplementary Aids and
Services
Environmental/physical
 Providing preferential seating
 Altering physical arrangement of classroom
 Reducing distractions
 Providing quiet corner or study carrel
 Modifying equipment, adapting writing utensils
 Assistance in maintaining uncluttered space
 Providing space for movement/breaks
Maryland Coalition for Inclusive Education

30. Supplementary Aids and
Services
Instructional
 Modified physical materials
 Visual cues (color, picture, schedule, organizational
chart, etc.)
 Alternate assignments
 Pre-teach vocabulary
 Providing literature in alternate modes
(computerized, different reading level, etc.)
 Peer partners to model
Maryland Coalition for Inclusive Education

31. Supplementary Aids and
Services
Staff Supports
 Additional adult assistance(identify for what tasks)
 Professional development on use of
equipment, methods, impact of disability, etc.
 Collaborative planning time
 Coaching from specialist
Maryland Coalition for Inclusive Education

32. Supplementary Aids and
Services
Social/Behavioral Supports
 Immediate feedback
 Rest breaks
 Behavioral intervention strategies
 Positive behavior supports plan
 Varied reinforcement system
 Circle of friends
 Peer buddies
 Counseling
Maryland Coalition for Inclusive Education

33. Supplementary Aids and
Services
Social/Behavioral Supports
 study skills instruction
 visual daily schedule
 Checklists
 notice or warning before change in activities
 daily check-in with case manager/mentor
 verbal/visual cues regarding transitions, directions
staying on task
Maryland Coalition for Inclusive Education

34. Court Cases
Maryland Coalition for Inclusive Education

35. Roncker v. Walter
Ronker v. Walter, 700 F.2d 1058 (6th Cir. 1983)
Portability/feasibility test:
Can services be brought to the child instead of
moving the child to a school where services
already exist?
Maryland Coalition for Inclusive Education

36. Roncker v. Walter
The Roncker court stated:
In a case where the segregated facility is
considered superior, the court should
determine whether the services that make
that placement superior could be feasibly
provided in a non-segregated setting. If they
can, placement in the segregated facility
would be inappropriate under the Act. Id. at
1063.
Maryland Coalition for Inclusive Education

37. Roncker v. Walter
Special education services delivered in self-
contained settings are portable:
◊ They can be brought to the child rather than
removing the child from an integrated setting in
order to receive the services
◊ Services and the setting in which those services
are delivered are two separate issues
Maryland Coalition for Inclusive Education

38. Daniel R.R.
Daniel R.R. v. State Board of Educ. 874 F.2d 1036 (5th Cir. 1989).
Questioned whether:
• A student will receive educational benefit from mainstreaming
• Any marginal benefit derived from mainstreaming is
outweighed by the benefits likely to be received in a separate
facility
• The student is a disruptive force in the classroom
Maryland Coalition for Inclusive Education

39. Rachel H.
Sacramento School District v. Rachel H., 14 F. 3d 1398 (9th Cir. 1994)
Balancing Test - Outlined 4 factors:
1. Educational benefits available in the general education classroom
with supplementary aids and services;
2. The non academic benefits of interacting with peers without
disabilities;
3. The impact of the student with a disability on the children and
teacher in the classroom;
4. The cost of the supplementary aids and services required to
mainstream the student
Maryland Coalition for Inclusive Education

40. Measuring “LRE”
0
10
20
30
40
50
60
70
80
90
100
Alabama
PuertoRico
NorthDakota
NewHampshire
BIEschools
Nebraska
Vermont
Colorado
RhodeIsland
Kentucky
Connecticut
Oregon
Indiana
Florida
SouthDakota
WestVirginia
Texas
Mississippi
Maryland
Kansas
NorthCarolina
Nevada
Iowa
Tennessee
Georgia
Oklahoma
Idaho
Michigan
Minnesota
Louisiana
Pennsylvania
Delaware
NationalAve.
Arizona
Alaska
Missouri
Massachusetts
SouthCarolina
Ohio
Wisconsin
NewYork
Maine
Virginia
Utah
Arkansas
NewMexico
California
Illinois
Montana
Washington
NewJersey
DistrictofColumbia
Hawaii
PercentofStudentswithDisabilities
Placement in General Education 80% or more of the time

41. Interpreting “LRE”
Tradition
Experience
Skill
Willingness to change
Special Ed Classes General Ed Classes

42. “Inclusion” is not “LRE”
Physical Access to
ENVIRONMENTS
Meaningful
ACADEMIC
participation
Positive SOCIAL
RELATIONSHIPS
INCLUSIO
N

43. Carol Quirk, Ed.D.
cquirk@mcie.org
www.mcie.org