Chapter 6: Least Restrictive Environment (LRE) and Placement

34 CFR Section 300.114 – Section 300.120

General Information

The Individuals with Disabilities Education Act (IDEA) requires that students with disabilities who have an Individualized Education Program (IEP) receive their education and related services in the least restrictive environment (LRE). Typically, that is the general education classroom, but IDEA provides for a continuum of placements from most to least restrictive.

The District will ensure that, to the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities are educated with students who are nondisabled. Placement of students in special classes, separate schools, or other removal of students with disabilities from the general education environment will occur only when the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.

Continuum of Alternative Placements

The District will ensure that a continuum of alternative placements is available to meet the needs of students with disabilities residing within its jurisdiction that receive special education and related services. These placement options include instruction in regular classes, special classes, special schools, instruction in the home, and instruction in hospitals and institutions. These alternative placements will be available to the extent necessary in order to implement a student’s IEP.

Each student’s PPT must consider the environment in which each special education and related service of the student’s IEP may be implemented, with the first consideration being the general education environment with supplementary aids and services. As necessary, to meet the student’s unique needs, the PPT will consider progressively restrictive environments together with supplementary aids and services; finally choosing the LRE in which each service of the student’s IEP may be implemented.

The LRE provisions apply to preschool children aged three to five years old as well. For young children with disabilities, intervention services provided, irrespective of setting, are individualized services that directly address the child's individual developmental and learning goals. The District has policies and procedures to ensure that options for the location of services represent the full range of options (a continuum of services), and that FAPE in the LRE for each young child eligible for special education services is considered by the PPT. The PPT will consider placement in a general education environment with appropriate supports and services prior to considering a more restrictive placement. Placement by the PPT will address where the young child’s goals and objectives can be implemented in the LRE with preference to the general education environment.

Determining Placement

The placement of each student with a disability will be determined, by the PPT, at least annually, based upon the needs of the student. The goals and objectives, based on the student’s present levels of performance, will be determined before the PPT determines the instructional site in which the student should receive each of the services in the IEP.

In selecting the LRE in which the student will receive each of the special education and related services described in the IEP, the PPT will ensure the following:

1. Students with disabilities are educated with age-appropriate peers to the maximum extent appropriate. A student with a disability cannot be removed from education in regular classrooms solely because of needed modifications in the general education curriculum.
2. Any potential harmful effect on the student or on the quality of services the student needs is considered.
3. Unless the student’s IEP requires some other arrangement, the student is educated in the school that the student would otherwise attend if nondisabled.
4. The student participates with nondisabled students in the extracurricular services and activities to the maximum extent appropriate to the needs of that student.
5. The student has the appropriate supplementary aids and services necessary for the student to participate in nonacademic settings.

Each IEP will include an explanation of the extent, if any, to which the student will not participate with nondisabled peers in the general education classroom and in extracurricular and other nonacademic activities, as well as a justification for removal from general education.

The District will provide PWN to the parent whenever the PPT proposes to change or refuses to change the educational placement of the student. Since graduation from high school with a regular high school diploma is considered a change in placement, a PWN will be provided before the student graduates. The term “regular high school diploma” does not include alternative awards such as certificates of attendance or completion of a general educational development credential (GED).

Placement in Out of District Special Education Programs

If a PPT determines that a student’s needs cannot be met within the District, the PPT may recommend that the student be placed at an out of district special education program that is aligned with the student’s needs along the LRE continuum. In such cases, a representative of the out of district program shall be required to attend the PPT meeting or participate in some other way.

The District remains responsible for the provision of a FAPE to an outplaced student, and thus must ensure that all special education and related services are provided according to the student’s IEP. PPT meetings will continue to be convened in accordance with IDEA timelines (i.e. annual reviews and evaluation/reevaluation meetings), with necessary district and outplacement staff in attendance as required by the IDEA. The student’s IEP should be reviewed and revised as needed based on performance reports and progress toward goals and objectives.

The District also remains responsible for ensuring that the student continues to be educated in the least restrictive environment. As such, the PPT must continue to determine the appropriateness of the student’s outplacement based on the student’s needs and progress and must consider reenrollment in the district or another less restrictive environment if appropriate. Likewise, a student’s failure to make progress or an outplacement’s inability to implement a student’s IEP may also necessitate a change in placement. The PPT must develop an appropriate IEP prior to any change in placement.

Local or Regional Board of Education Contracts with Private Provider of Special Education Services

The District is required to have a contract with a private provider of special education services for each student placed. The IEP of a child shall not be considered a contract between a local or regional board of education and a private provider of special education services.

The contract for each student between the local or regional board of education and the private provider of special education services shall include an explanation of how the tuition or costs for services provided under the agreement or contract are to be calculated. In addition, the contract may include the following provisions: a requirement that the private provider of special education services submit monthly or quarterly reports to the local board regarding the specific services being provided; authorization of the local board to review and reconcile the reports; and/or authorization for the local board to conduct periodic site visits at the location where the private provider of special education services provides the services.

A local or regional board of education is not eligible for reimbursement for any costs of special education paid by such board of education to a private provider of special education services unless there is a written contract in place for each student between the local or regional board of education and the provider of special education services.

In addition, all transportation guidance in Chapter 5 of this manual applies to students placed in private special education programs.

Provision of Meals for Students Placed in Private Special Education Programs

The provision of meals is not specifically considered a related service under the IDEA. The local or regional board of education contract with a private provider of special education services should address whether or not meals (breakfast, lunch) are included in the private provider program’s cost. While the provision of meals/lunch is not a related service, IDEA focuses on educational and supportive services that directly impact a child’s ability to learn and participate in school.

Calculating Time with Nondisabled Peers (TWNDP) in Elementary and Secondary Educational Settings

For each student with a disability, the time they are with non-disabled peers (TWNDP) must be calculated.⁵⁶ The District will apply the following standards when determining and calculating the time that a student with disabilities is being educated with their nondisabled peers in an elementary or secondary setting. Time in which the student is engaged in the following scenarios is included in calculating the student’s TWNDP:

1. When the student is being educated in a general education classroom and the general education classroom is taught by the certified general education teacher of record who is considered highly qualified in the content or subject area instruction provided.
2. When the student is being educated in a co-taught classroom where at least 50 percent of the students on the class roster are not students with disabilities and the class is co-taught by a general educator and a special educator or other licensed certified staff. Note that this is based on the class roster, not the fluctuation of the classroom attendance on a day-to-day basis.
3. When the student is engaged in routine school activities such as, passage in hallways and during lunch, recess, and study periods unless the student spends this time segregated from nondisabled peers.

The LRE Procedural Checklist must be completed and attached to the IEP if the student is to be removed from the general education environment for 60 percent or more of the time.⁵⁷

Calculating Time with Nondisabled Peers (TWNDP) in Work-Based Learning Experiences/Community-Based Settings

For the purpose of determining time that a student with disabilities is being educated with his/her nondisabled peers in a work-based learning or community-based work setting, the district will apply the following standards.

The student is being educated with nondisabled peers if:

• The work-based learning placement occurs as part of a student’s educational program, in an inclusive setting where individuals with and without disabilities are present and typically interact with each other or with customers without disabilities;
• The work-based learning experience is one in which any student could potentially work; and
• The work-based learning placement is not one that has been designed just for students with disabilities.

Chapter 6 Appendix

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56. Time With Non-Disabled Peers Memorandum
57. It is recommended that the LRE Checklist be utilized when making any placement decision to ensure conformity with the LRE provisions of the Individuals with Disabilities Education Act.