LEAST RESTRICTIVE ENVIRONMENT LEAST RESTRICTIVE ENVIRONMENT ©PACER Center, Inc., 2005.

LEAST RESTRICTIVE ENVIRONMENTLEAST RESTRICTIVE ENVIRONMENT

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“...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

not disabled”

SEC. 602 (5)

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State funding mechanisms shall not result in more restrictive

placements

States must revise policies when needed to ensure that funding

mechanisms do notresult in placement

SEC. 602 (5)

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“…services and other supports in regular education classes or

other education-related settings that enable children

with disabilities to be educated with nondisabled children to the

maximum extent appropriate….”

SEC. 602 (33)

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PROCEDURAL SAFEGUARDSPROCEDURAL SAFEGUARDS

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Parents must have the opportunity to—

Examine all education records in their child’s file

Participate in all meetings related to the evaluation, identification and educational placement and the provision of FAPE for their child

School records and meetingsSEC. 615 (a)

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Before:

Initial evaluation or reevaluation, consistent with State law

Initial provision of special education and related services

Written consent is not required for review of existing data as part of evaluation or reevaluation

Consent for evaluation is not an agreement for placement in special education

Written parental consentSEC 615 (a.)

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Notice in native language of parent unless it is clearly not feasible to do so

Written Prior NoticeSEC. 615 (b)

Written notice - whenever the public agency proposes or refuses to initiate or change:

identification

evaluation

educational placement

provision of FAPE

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Content of notice

proposed or refused action

why action is proposed/refused

where parents may obtain procedural safeguards

who parents can contact about understanding their rights

options considered & rejected

all records used by the district in reaching a decision

factors relevant to proposal/refusal

Written Prior NoticeSEC. 615 (b)

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Filing a complaintSEC. 615 (b)

Alleged violation within 2 years of action

Complaining party in a due process complaint

provides notice to other and the StateName, address of child (available contact information for homeless child)Name of school child attendsDescription of the problemDesired solution

No due process hearing without proper notice

SEA has model form to assist parents to file State complaint and due process complaint

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Filing a complaintSEC. 615 (b)

State complaint is an allegation that a law is not being

followed

A due process hearing may resolve disagreements about the amount, type, intensity, frequency or location of service

Filing a complaint can be either an assertion that a LEA is not in compliance with the law, or a due process hearing request

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Given only 1 x per year, except upon

initial referral or request for evaluation

first occurrence of the filing of a complaint

request by parent

Contents:

Full explanation of procedural safeguards

In parents’ native language unless clearly not feasible to do so

Written in easily understandable manner

Procedural safeguards noticeSEC. 615 (d)

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voluntary

no cost to parent or school

trained impartial mediator

cannot delay hearing

confidential (cannot be used at hearing)

written agreement (binding)

timely and in a convenient location

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Resolution session: LEA sets meetingwithin 15 days of parent’s written complaint

LEA, parents and IEP team members discuss complaint and resolution

If LEA has not resolved issues within 30 days, a hearing may occur

Parents / LEA may agree to waive meeting

NOTICE

Written settlement is legally binding

Parent or LEA may initiate

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Hearing decision is based on whether child received FAPE

Procedural violation: child did not receive FAPE only if the procedural inadequacies– 1. impeded the child’s right to a free appropriate public education2. substantially impeded parents’ participation in FAPE decisions for their child3. caused a deprivation of educational benefits

Either party may appeal a hearing decision

Parent or LEA may initiate

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