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Least Restrictive Environment (LRE) and Placement Determination

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Purpose of Least Restrictive Environment

The purpose of LRE is to ensure placement decisions are individualized in accordance with IDEA regulations and to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are education with their nondisabled peers.

IDEA requires that district provide a full continuum of placements options, ranging from general education classrooms with support to special classes and special school placements.

The placement team is responsible for determining the most appropriate educational placement in the least restrictive environment that can meet the student’s needs.

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Oregon Department of Education

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What are the LRE Requirements?

Sec. 300.114 - LRE Requirements

Sec. 300.115 - Continuum of Alternative Placements

Sec. 300.116 - Placements

Sec. 300.117 - Nonacademic Settings

Sec. 300.107 - Nonacademic Services

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Oregon Department of Education

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Sec. 300.114 - LRE Requirements

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.

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NOTE: When considering LRE requirements in “private institution or other care facilities” LRE requirements apply to placements by the district, not placements by other entities.

Oregon Department of Education

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Sec. 300.115 - Continuum of Alternative Placements

Each local educational agency (LEA) is required to “ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services”.

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Oregon Department of Education

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Sec. 300.116 - Placements

The placement decision is made by a group which includes the parents, as well as individuals who have knowledge:

About the child,
The meaning of evaluation data, and
The placement options.

The student’s placement is:

Determined at least annually,
Based on the child’s IEP, and
As close as possible to the child’s home.
Results in the child to be educated in the school that they would attend if nondisabled unless the IEP requires another arrangement.

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Oregon Department of Education

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Sec. 300.117 - Nonacademic Settings

Each public agency must ensure that each child with a disability–

Participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child.
Has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.

Meals

Recess periods

Sports teams

Clubs

Summer school programs (not ESY)

School plays

Outdoor school

After-school programs

Field trips

School-wide events

Assemblies

Physical education

… and more.

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Oregon Department of Education

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Sec. 300.107 - Nonacademic Services

Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.

NOTE: Always follow requirements to obtain consent for referrals to other special groups or agencies.

Counseling services
Athletics
Transportation
Health services
Recreational activities
Special interest groups or clubs sponsored by the public agency
Referrals to agencies that provide assistance to individuals with disabilities, and employment of students
… and more.

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Oregon Department of Education

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Tip Sheet - Explanation of Educational Setting

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Oregon Department of Education

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Placement Determination - ODE Sample Form

Consistent with the requirements of IDEA, ODE’s special education placement determination sample form includes fields for the following:

Placement option(s) considered;
Benefits;
Possible harmful effects on the child and/or on the quality of services to be provided;
Modifications/Supplementary aids and services considered; and
Indicate whether the option is selected or rejected and state the reason(s) for each.

ODE Sample Forms and Directions

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Oregon Department of Education

Complete the placement page - all components are addressed completely and accurately.

Additional thoughts –

TAKEN FROM THE ODE SAMPLE FORM–

Directions:

Identify meeting participants:

List all members participating in the placement decision. This can be accomplished by gathering signatures of participants, or by simply listing the names of individuals that participated. Signatures are not required on a placement determination form.

To document Placement Determination, the Placement Team reviews the current IEP and the services identified that are to be provided, and the current evaluation information. Any evaluation information used in determining placement should be attached or listed under “other”.
After reviewing the IEP and evaluation data, identify and document all placement options considered. For example:

Regular class (e.g. regular class with in class support, regular class with consultation)
Regular class with resource room support
Special or separate class (e.g. life skills class, behavioral support class)
Special or separate school (e.g. OSD day student, OSB day student, therapeutic program located in separate school)
Residential placement (e.g. classroom instruction with residential placement, OSD or OSB residential, residential treatment program)
Hospital/Institution (classroom instruction in hospital, individual instruction in hospital)
Home Instruction

For each of the placement options considered, describe:

The benefits of this placement (e.g. academic benefits, nonacademic benefits);
The possible harmful effects on the child or on the services in this placement option;
The modifications/services that were considered to maintain the student in a less restrictive option (before selection of a more restrictive option).

Note: If the Placement Team is documenting that a regular classroom placement is appropriate to implement the services identified on the IEP, the Team may, but is not required to, consider more restrictive placement options.

Note: The team should consider placement options specifically requested by the parents.

Document which placement option is selected.
Give the parents a copy of the placement determination form.

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Key Points

Modifications/Supplementary aids and services considered–

Make sure to document the modifications/supplementary aids and services that were considered to maintain the student in a less restrictive option before selecting of a more restrictive option.
Make sure the team is considering and documenting specific modifications/supplementary aids and services for each placement option; these should be uniquely identified.
Do not copy and paste all the modification/supplementary aids and services from the IEP for each placement options.
Do not state “see all accommodations and modifications identified on the IEP” for all placement options.

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Oregon Department of Education

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Key Points

Placement Codes–

Used for federal reporting requirements and are not placement descriptions
Codes are:
Regular Education >80%
Regular Education 40-79%
Regular Education <40%
Separate School/ Hospital/ Homebound
Private School/Home School/ Correctional Facility
… and there are others.

Placement Descriptors–

Regular class (e.g. regular class with in class support, regular class with consultation)
Regular class with resource room support (e.g. for math, for reading & writing)
Special or separate class (e.g. life skills class, behavioral support class)
Special or separate school (e.g. day program, therapeutic program located in separate school)
Residential placement (e.g. classroom instruction with residential placement, residential treatment program)
Hospital/Institution (classroom instruction in hospital, individual instruction in hospital)
Home Instruction

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Oregon Department of Education

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Key Points

Placement Codes–

Used for federal reporting requirements and are not placement descriptions
Codes are:
Regular Education >80%
Regular Education 40-79%
Regular Education <40%
Separate School/ Hospital/ Homebound
Private School/Homeschool/ Correctional Facility
… and there are others.

Placement Descriptors–

Regular class (e.g. regular class with in class support, regular class with consultation)
Regular class with resource room support (e.g. for math, for reading & writing)
Special or separate class (e.g. life skills class, behavioral support class)
Special or separate school (e.g. day program, therapeutic program located in separate school)
Residential placement (e.g. classroom instruction with residential placement, residential treatment program)
Hospital/Institution (classroom instruction in hospital, individual instruction in hospital)
Home Instruction

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Oregon Department of Education

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ODE Guidance - Placement Determination & LRE

For students not educated or served in general education, the IEP includes justification for why the student’s placement is not the general education classroom and there is evidence of all of the following:

The placement is based on the needs of the student;
Reflects that the team has given adequate consideration to meeting the student’s needs in the general education classroom with supplementary aids and services; and
If the nature or severity of the disability is such that education in general education classes, even with the use of supplementary aids and services, cannot be achieved satisfactorily, a justification is given for the decision;
Describes potential harmful effects to the student or others, if applicable.

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See Least Restrictive Environment (LRE) Protocol

Oregon Department of Education

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Placement Determination Process

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The LRE Decision Tree

Adapted from Rozalski, Stewart, & Miller, 2010

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Placement Determination Process

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The LRE Decision Tree

Adapted from Rozalski, Stewart, & Miller, 2010

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Better Practices to FOLLOW When Determining Placement

Rule 1 – Ensure individualization and program appropriateness

“... IEP Teams must base a student’s placement on his or her unique individual needs, and the placement must enable him or her to receive an appropriate education that meets those needs.” (p. 145)

Rule 2 – Provide supplementary aids, services, and program modifications

“The IEP Team is to determine the setting with the greatest degree of integration in which an appropriate education is available, and a key to ensuring that this occurs is by including supplementary aids and services and program modifications… [and] implemented as intended.” (p. 146)

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Yell, Bateman, & Shriner (2022)

Oregon Department of Education

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Better Practices to FOLLOW When Determining Placement

Rule 3 – Adhere to the continuum of alternative placements

“When using this continuum, teams must go through in a stepwise progression, one step at a time, and give careful thought to the placement that is most appropriate for a student.” (p. 147)

Rule 4 – Provide opportunities for integration

“...students with disabilities,... should be educated with students who are not disabled” (p. 147)
Academic and nonacademic settings and services

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Yell, Bateman, & Shriner (2022)

Oregon Department of Education

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Practices to AVOID When Determining Placement

Failing to individualize a student’s placement
Predetermining a student’s placement
Placing a student prior to developing his or her IEP
Failing to adhere to the continuum of alternative placements
Failing to use supplementary aids and services before moving a student to a more restrictive setting
Adopting a placement policy for “all” students such as all student with autism attend a special school or all students with disabilities will be educated in general education classrooms (p. 147)

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Yell, Bateman, & Shriner (2022)

Oregon Department of Education

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Important Considerations

PLAAFP and Accommodations–

The list of accommodations identified on the service summary section of the IEP are aligned to the child’s needs identified in the PLAAFP.

Modifications–

The team will not remove a student from an age-appropriate general education classroom solely because of needed modifications in the general education curriculum.

Non-participation justification–

The non-participation justification statement needs to state the extent to which (if any) the child is removed from the general education setting and will not participate in nonacademic and extracurricular activities.

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Oregon Department of Education

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Resources

IDEA (Individuals with Disabilities Education Act) – https://sites.ed.gov/idea/

Progress Center - Explanation of Educational Settings Tip Sheet

The LRE Decision Tree - Adapted from Rozalski, Stewart, & Miller, 2010

IRIS Center Least Restrictive Environment Brief

Yell, Bateman, & Shriner. (2022). Developing Educationally Meaningful and Legally Sound IEPs.

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Oregon Department of Education

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Feedback Survey

Please take a few minutes to complete this anonymous survey using the following link or QR Code.

Survey Link

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Oregon Department of Education

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