Tag Archives: Your Rights

What is LRE? (Least Restrictive Environment)

2 Jun

Text from the Massachusetts DOE/FCSP publication “A parent’s guide to Special Education”

LEAST RESTRICTIVE ENVIRONMENT

The federal law, IDEA, mandates that students with disabilities must be educated with their non-disabled peers to the maximum extent appropriate based on the student’s needs. This is known as the Least Restrictive Environment (LRE). The Team (including the parent) determines the placement that the student needs to provide the services on the student’s IEP and the Team must choose the least restrictive environment able to provide those services. This means that the student should attend the school he or she would attend if non-disabled, unless the Team determines that the nature of the student’s disability will not allow that student to have a successful educational experience in that environment.

FAPE and LRE are closely tied together. Both federal and Massachusetts special education laws require that a Team consider appropriate education in the least restrictive environment. In order to help your child be successful, the Team must carefully consider whether supplemental aids and services and specialized instruction could make it possible for your child to be educated with non-disabled peers. If services can be appropriately provided in a less restrictive setting, the Team must choose that type of program and setting. If the student’s program requires a more restrictive setting to be successful, then the Team may consider other settings. The Team should look class by class, activity by activity, and only remove your child from the general education classrooms if, and only if, supplemental aids and services would not make it possible for the student to remain in that classroom and make effective progress.

Determination of the LRE is based on your child’s IEP, not on a diagnosis or specific disability label. This determination must be made individually and carefully. Students cannot be placed in separate or more restrictive environments only because they require modification of the curriculum. It is important to remember that Teams do not have to choose between specialized help for a student and inclusion of that student in the general education classroom; students are entitled to both. After the Team has developed the IEP and understands the needs and goals for your child, then the Team will determine the most appropriate setting for your child’s services. LRE is an integral part of the placement determination.

What is FAPE? (Free and Appropriate Public Education)

2 Jun

Text from the Massachusetts DOE/FCSP publication “A Parent’s Guide to Special Education”

FREE AND APPROPRIATE PUBLIC EDUCATION (FAPE)

A child who is eligible for special education services is entitled by federal law to receive a Free Appropriate Public Education (FAPE). FAPE ensures that all students with disabilities receive an appropriate public education at no expense to the family. FAPE differs for each student because each student has unique needs. FAPE specifies that needed services must be provided without cost to the family.

FAPE guarantees that for students who are found eligible for special education, school districts must be prepared to provide services according to an IEP beginning no later than their third birthday. If a student continues to be eligible, services may continue until the student graduates from high school with a standard diploma or turns 22, whichever comes first.

FAPE also means that students receiving special education services have access to and make meaningful progress in the general curriculum (i.e. the same curriculum as students without disabilities) and the right to be full participants in the life of the school. Your child is not only entitled to access the academic portion of school but also to participate in extracurricular and other activities sponsored by the school. Full participation means that students with disabilities are entitled to the aids and services needed to assist them in participating in all areas of school life. FAPE is closely tied to a principle known as the “Least Restrictive Environment” which is described in detail in the next section of this Guide.

What You Can Do if Your Child is Denied SPED Services

30 May

Your child is struggling in school.  You, or your child’s school, has requested that your child be tested to find out if they qualify for special education services.  You meet with the team and are informed that your child does not qualify for services.  It has been determined that your child is making “adequate progress.”  However, your child continues to struggle and is not receiving enough support at school.  What can you do to get the help that  your child needs to make progress?

First, you should know that you can challenge the school’s decision to not provide services; however, consider that the federal law says that even if the child has a qualifying disability they can be denied services if they are making progress in the general education curriculum.  Making progress is a term that can be interpreted differently, but to most schools it means not failing.   As parents, it is beyond frustrating to see our children working very hard to earn a “C”.  We want them to feel successful, be rewarded,  for all the hard work they do.  Eventually, many students give up because they feel that no matter how hard they work, they fail to get the grades they want.  It is very hard to convince a school district to put a “C” student on an IEP, but there are ways you can advocate for your child if they have been denied SPED services.

How to Advocate for your Child After They’ve Been Denied SPED Services:  

 

  1. Gather documents that prove your child is not making the same progress as his peers.  [Ask to see his file and look for reading level scores, benchmark testing results, end of year tests, etc.]
  2. Ask if the school will consider a 504 plan for your child if they denied them an IEP.  [A 504 plan is for accommodations in the general education classroom.  For example, extended test time, less homework, tutoring with the teacher, etc.]
  3. Start being very vigilant about your child’s progress.  [Question the teacher often about grades, assignments, and the progress they are making.  Write notes when homework is to difficult.  Ask for re-testing when they fail a test.  Speak with the principal if the teacher is not accommodating your requests.  Basically, be a pain in the neck so that the school staff begin to understand the level of difficulty your child is having.]
  4. After gathering more documentation, ask for mediation to resolve the dispute with the school. [Documentation being independent testing, a review of your child’s records, notes to and from the teacher and principal, etc.  You will need this information to prove your case with a mediator.)
  5. Tell the school right away (in writing and verbally)  that you disagree with their findings and/or the testing. [By doing this, your opinion goes on the record; and, if you get an independent evaluation, they may have to pay for some or all of it.]
  6. Request that the school do specific evaluations, such as a reading evaluation or functional behavioral assessment. [This will be helpful if your child’s school only performed an achievement test, such as the Woodcock-John or WIAT.]
  7. Tell the school you will be getting an outside evaluation done and they will be testing for specific learning disabilities. [The school must consider the results of an outside evaluation as equally as they consider their own testing results.  Also, depending on your income, they will be required to pay for all or some of the testing to be done.]

Remember that the best way to advocate for your child is to be armed with a lot of information.  Know all that you can about them as a learner, understand your child’s and your own rights, and know about the SPED process.  Here is a link to the Massachusetts Department of Education Notice of Procedural Safeguards (in plain English: A Guide to Your Rights and Your Child’s Rights)  Guide to Procedural Safeguards