LRE: THE PLACE TO BE How to Document Least Restrictive Environment

1. LRE: THE PLACE TO BEHow to Document Least Restrictive Environment Presented by: Christel Hockensmith Roger Lacy Kentucky Department of Education/Division of Learning Services November 23, 2010

2. Desired Session Outcomes: • Understand the IDEA requirements for LRE • Recognize appropriate ways to document LRE considerations • Apply knowledge gained from this training to future placement decisions Kentucky Department of Education/Division of Learning Services

3. IDEA in the 1970s • Disco was “where it’s at” • Gerald Ford was President of the USA • Gasoline was 59 cents a gallon • “Blackberry” was a fruit used in cobblers and jam • Ford had a better IDEA • PL-94-142 was a brand new Law • The law assumed that most students with disabilities were educated in segregated settings Kentucky Department of Education/Division of Learning Services

4. IDEA in the 21st Century Kentucky Department of Education/Division of Learning Services

5. IDEA in the 21st Century • Instant worldwide communication • Social Media like Facebook or Twitter • Your rock n’ roll is now on your iPod and not on an 8-Track tape • IDEA assumes children with disabilities are served primarily in general education settings Kentucky Department of Education/Division of Learning Services

6. What does the law say about LRE? An LEA (district) shall ensure that to the maximum extent appropriate, children with disabilities, including children placed by the LEA in public or private institutions or other care facilities, are educated with children who are nondisabled. The LEA shall ensure that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if education in the regular education environment with the use of supplementary aids and services cannot be satisfactorily achieved due to the nature or severity of the disability. 707 KAR 1:350 Section 1 Kentucky Department of Education/Division of Learning Services

7. What does the law say about LRE? • An LEA shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services • The continuum shall include the alternative placements of: • Instruction in regular classes • Special classes • Special schools • Home instruction • Instruction in hospitals and institutions 707 KAR 1:350 Section 1 (2) (3) Kentucky Department of Education/Division of Learning Services

8. What does the law say about LRE? • The LEA shall make provision for supplementary services to be provided in conjunction with regular class placement. • In determining the educational placement of a child with a disability, the LEA shall ensure that the placement decision is made by the ARC in conformity with the least restrictive environment provisions. • A child’s placement shall be: • Determined at least annually • Based on the child’s IEP • As close as possible to the child’s home 707 KAR 1:350 Section 1 (4) (5) (6) Kentucky Department of Education/Division of Learning Services

9. What does the law say about LRE? An IEP shall contain an explanation of the extent, if any, to which the child will NOT participate in nondisabled children in regular classrooms 707 KAR 1:320 Section 5 (9) Kentucky Department of Education/Division of Learning Services

10. What does the law say about LRE? • Unless the IEP of a child with a disability requires some other arrangement, the child shall be educated in the school that he would attend if nondisabled • In selecting the least restrictive environment, consideration shall be given to any potential harmful effects on the child or on the quality of services he needs • A child with a disability shall not be removed from education in age appropriate regular classrooms solely because of needed modifications in the general curriculum 707 KAR 1:350 Section 1 (7) (8) (9) Kentucky Department of Education/Division of Learning Services

11. Annual Performance Report (APR)/KCMP Indicator 5 Measurable Targets 5 A- Increase the percentage of students served inside the regular class 80% or more of the day from 64.5 percent to 65 percent. 5 B- Decrease the percentage of students served inside the regular class less than 40% of the day from 11.1% to 11.0%. 5 C- Decrease the percentage of students receiving their special education services in public and private residential day schools by .05 percent. Kentucky Department of Education/Division of Learning Services

12. Annotated Conference Summary and Annotated IEP Kentucky Department of Education/Division of Learning Services

13. How do we document LRE?Rejecting General Education Setting Kentucky Department of Education/Division of Learning Services

14. How do we document LRE?Rejecting General Education Setting Kentucky Department of Education Division of Learning Services

15. How do we document LRE?Rejecting General Education Setting Kentucky Department of Education Division of Learning Services

16. How do we document LRE?Accepting General Education Setting Kentucky Department of Education/Division of Learning Services

17. How do we document LRE?Rejecting Resource Room Setting Kentucky Department of Education Division of Learning Services

18. How do we document LRE?Accepting Resource Setting Kentucky Department of Education/Division of Learning Services

19. How do we document LRE?Accepting Self-Contained Setting Kentucky Department of Education/Division of Learning Services

20. Resources: Kentucky Department of Education (KDE)/Division of Learning Services (DLS) Annotated IEP and Conference Summary Special Education Cooperatives Kentucky Department of Education/Division of Learning Services

21. Kentucky Department of Education/Division of Learning Services

22. Contact Information Christel.Hockensmith@education.ky.gov Roger.Lacy@education.ky.gov Kentucky Department of Education/Division of Learning Services