was help with ARD, but really LRE issue

[Guest guest]

Hi all,

There have been several posts lately on placements in more restrictive settings.

LRE is the answer to such questions.

A student has a right to be educated in the least restrictive environment; that

means, a right to be educated with typically developing peers to the maximum

extent possible. The school has a duty to consider the whole range of

supplements and services *prior* to considering more restrictive alternatives.

Further, there has to be data to support moving a child to a more restrictive

setting. The *presumption* is that all kids have a right to learn in GenEd.

There must be good reason and data to support moving a child from GenEd to an

autism classroom or the like.

You can find the regulations in the Texas " Side-by-Side " published at the TEA

websight, located at: http://framework.esc18.net/SBS_April_2008.pdf.

Here is the text:

§ 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.

Also, check out law.com for nice write-ups on the subject.

Best -