Recent Utah Case and Least Restrictive Environment
Least Restrictive Environment and what it means for your child
Why is it in 2023 we still have school districts having students “earn” inclusion time? This is unacceptable and parents have the right to push back and be upset by this practice.
This past week, the Council of Parent Attorneys and Advocates (COPAA) and Amici File Brief in Support of Utah Parents in LRE Case
The concept of the "least restrictive environment" (LRE) is a very important principle in education law in the United States, particularly under the Individuals with Disabilities Education Act (IDEA). The IDEA is a federal law that governs the education of students with disabilities and ensures they receive a free appropriate public education (FAPE) in the least restrictive environment possible. Here are some key aspects of what the law says about the least restrictive environment for students with disabilities:
Definition of LRE: The IDEA defines the least restrictive environment as the educational setting that, to the maximum extent appropriate, allows students with disabilities to be educated with their non-disabled peers. This means that students with disabilities should have the opportunity to participate in general education classrooms and activities to the greatest extent possible while receiving the necessary support and services.
Individualized Decision: The determination of the LRE for a student with a disability is an individualized decision made through the Individualized Education Program (IEP) process. The IEP team, including parents, educators, and specialists, considers the unique needs of the student and decides on the appropriate placement and services.
Continuum of Services: The IDEA emphasizes the existence of a continuum of services, ranging from general education settings to more restrictive placements, such as special education classrooms or separate schools. The goal is to ensure that each student's placement is based on their specific needs and not a one-size-fits-all approach.
Factors Considered: When determining the LRE, the IEP team must consider various factors, including the student's academic, social, and behavioral needs; the effects of the disability on the student's progress; and the benefits of being educated in a general education classroom with appropriate supports and services.
Integration and Inclusion: The IDEA promotes the inclusion of students with disabilities in regular education classes whenever possible. It encourages the use of supplementary aids and services to support their participation and success in the general education environment.
Parental Input: Parents are essential participants in the IEP process and have the right to provide input and express their preferences regarding their child's placement. While the law favors inclusion to the maximum extent appropriate, parents' concerns and preferences are taken into consideration.
Progress Monitoring: The progress of students with disabilities in their chosen educational settings should be regularly monitored, and adjustments to their placements or services may be made based on their progress or lack thereof.
It's important to note that while the IDEA guides the least restrictive environment, it does not mandate a specific placement for all students with disabilities. The determination of the LRE is highly individualized and depends on the unique needs and circumstances of each student. Additionally, state laws and regulations may further define and implement the LRE principle. Asking the question can the student’s needs be satisfactorily met in the regular education classroom with supplementary aids and services and or academic or non-academic benefits for the students?
COPAA and several other disability advocacy organizations filed an amicus brief with the United States Court of Appeals for the Tenth Circuit in Jacobs v. Salt Lake City School District in support of children with disabilities who are pursuing their right to be educated in the least restrictive environment (LRE) after their school district impermissibly made restrictive educational placement determinations outside of the IEP process. The brief urges the Tenth Circuit to reverse the ruling of the United States District Court for the District of Utah. Joining COPAA on the brief were the National Disability Rights Network and the Arc of the United States. COPAA Legal Director Selene Almazan and COPAA board member Ellen Saideman wrote the brief.
As COPAA and its fellow amici argued in the brief, the district court’s ruling, in this case, ignored the applicable case law in the Tenth Circuit and was flatly inconsistent with the Individuals with Disabilities Education Act (IDEA) and its LRE requirement. Specifically, among other factors, the district court did not consider whether the two students could be satisfactorily educated in the regular education classroom with supplementary aids and services, and did not consider the academic or non-academic benefits the students would receive in the regular education classroom. The district court also improperly analyzed the students’ separate IDEA and Americans with Disabilities Act (ADA) claims together. As the brief explains, research has shown that the inclusion of children with disabilities—including those with significant support needs–greatly improves their educational outcomes and that their nondisabled peers benefit as well.
Also, Visit Our other page:
