Mainstreaming and Least Restrictive Environment (LRE)

The IDEA (Individuals with Disabilities Education Act) mandates that a child with a disability be educated to the maximum extent appropriate with children who are not disabled.  A child may only be removed from the regular education setting if the nature and severity of the disability is such that the child cannot be educated in regular classes, even with the use of supplementary aids and services.  20 U.S.C.1412 (a)(5).   This so-called “mainstreaming” right refers to the child’s right to be in the “least restrictive environment.”

The IDEA requires that each school district have a “continuum of placement options” from a regular placement all the way to residential placement. 20 U.S.C.1412 (a)(5)

While the IDEA “prefers” placement in a regular setting, ultimately all IEP decisions, including placement/LRE, must be based on a child’s unique needs.

A child’s right to LRE includes an educational placement to be as close to the child’s home as possible, preferably in the school the child would attend if non-disabled. In determining the educational placement of a child with a disability, including a preschool child with a disability the District must ensure that the placement decision is made by a group of persons, including the parents, other professionals knowledgeable about the child, the testing and the placement options.  And while these rights are important – attending a regular class, going to the school the child would attend if not disabled – each decision must be individual and based on the child’s needs.

By |October 15th, 2015|Hints / Tips|0 Comments
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Special Education – Role of Attorney

If your child is in special education you have an absolute right to consult with or be represented by an attorney.  Of course using an attorney involves cost so you want to carefully consider how an attorney can help, whether it is a question of eligibility for your child or, if he is already eligible for special education, an upcoming IEP, her need for a change in her program (whether public or private school, new or different related services), disciplinary issues, strategies for an upcoming IEP meeting or any number of other special education matters.

You have a right to have an attorney at the IEP meeting, although I generally recommend that if you need an attorney, it can be best to develop an IEP strategy with your attorney but not necessarily have her attend the IEP meeting.  Costs are one consideration but attorneys at IEP meetings can often distract from the meeting’s true purpose and, further, can put everyone on guard so that a true, full and objective discussion won’t take place.

Attorneys can help you with due process or any dispute with your district.  In selecting an attorney ask your school district if they have a list, contact a local support group (e.g., many areas for example have a Learning Disability, Autism or other parent group), or ask other parents.  An attorney should be willing to talk to you over the phone for 10-15 minutes to see whether you have a matter that requires and justifies the cost.

If you hire an attorney to resolve a dispute with your school district, in some cases you will be reimbursed for those costs.

When selecting an attorney, ask others for their experience with those attorneys, ask to speak […]

By |October 1st, 2015|Hints / Tips, Special Education|0 Comments
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IEP Hints

When you have an IEP planned think about the following steps/strategies:

  1. Make a specific list of what your child needs; do not use general terms, but be detailed, “Mary needs physical therapy 3 times a week, 45 minutes each session, 1:1 with the PT.”
  2. Be sure to highlight and bring to the IEP meeting written material that supports each item on your list; you probably have a lot so use post-its for easy access.
  3. Be sure to bring those people to the IEP, particularly experts who can make the argument for what you want for your child.
  4. Tell your school district in advance of the meeting who you are bringing and ask them who will attend for them.
  5. At the beginning of the IEP meeting indicate what you think are the key issues and that you want to be sure that all are covered.
  6. While you have the right to tape the meeting it is better to have someone take notes – tape recorders will put people on guard and you can’t always make out who is saying what.
  7. If you know school staff supports your list (some or all) be sure they are at the meeting and ask them their opinion if they hold back.
  8. Your note taker should especially write down when someone says something supportive of your list or something negative that seems not quite right, e.g., “we know Mary needs PT, but we don’t have enough in the budget to provide 3 times a week.”
  9. Often the district will have some taking notes which will become part of the IEP document; be sure to read it (take it home) and note anything that is incorrect or anything that was covered during the meeting and is missing from the Notes […]
By |September 21st, 2015|Hints / Tips, IEP|0 Comments
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