8/20/2019 William Allan Kritsonis, PhD-special Education-least Restrictive Environmen http://slidepdf.com/reader/full/william-allan-kritsonis-phd-special-education-least-restrictive-environmen 1/17 Special Education: Least Restrictive Environment Promoting School Success for your Child with a Disability Public School Law Lecture Notes William Allan Kritsonis, PhD
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William Allan Kritsonis, PhD-special Education-least Restrictive Environmen
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8/20/2019 William Allan Kritsonis, PhD-special Education-least Restrictive Environmen
&hendividuals with Disabilities Education mprovement !ct of '##$ "DE!% aligns DE! closely to the
No Child Left (ehind !ct "NCL(%) helping to ensure e*uity)accountability and e+cellence in education for children withdisabilities,
Note that DE! '##$ is in effect as of -uly .) '##/) with thee+ception of the 0ighly 1ualified provision) which has beenin effect since the law2s signing on December 3) '##$,
4n !ugust .$) '##5) the official copy of the final Part (regulations of the DE! '##$ was published in the 6ederalRegister,
4he net slide %ill .ive you the child6splaceent "%here the 0E %ill !e carried out$ andust !e decided 4he placeent decision is
ade !y a .roup of people8 includin. the parents
and others %ho no% a!out the child8 %hat theevaluation results ean8 and %hat types ofplaceents are appropriate 0n soe states8 the0E tea serves as the .roup ain. theplaceent decision 0n other states8 this decision
ay !e ade !y another .roup of people In allcases, the parents have the right to be membersof the group that decides the educational
placement of the child
8/20/2019 William Allan Kritsonis, PhD-special Education-least Restrictive Environmen
(LRE), 4he placeent of students %ith disa!ilities a.es :
throu.h '1 in appropriate settin.s has !een aninte.ral part of the 0ndividuals %ith ;isa!ilitiesEducation Act "0;EA$ since its enactent 4hreebasic "rinci"les are included in the federalandates 4hese are<
• laceent is !ased on the student 6sindividualized education pro.ra=
• laceent is in the least restrictive environent=and
• A continuu of alternative placeent options isavaila!le to all students %ith disa!ilities
8/20/2019 William Allan Kritsonis, PhD-special Education-least Restrictive Environmen
• *irst *actor re3uires that consideration !e .iven to a coparisonof the !enets in the re.ular class and the !enets in the specialclass 0n -aniel R% v% El Paso &nde"endent School -istrict. the>nited tates Court of Appeals for the #ifth Circuit deterined thatthe appropriateness of placeent in the re.ular classroo is notdependent on the student6s a!ility to learn the sae thin.s thatother students learn in the re.ular classroo 4he !enet fro socialinteraction of the student %ith nondisa!led peers is a le.itiate
!enet that can !e derived fro placeent in the re.ular classroo• Second $actor re3uires that consideration !e .iven to the
potentially !enecial or harful e2ects that placeent in the re.ularclassroo ay have on the student %ith educational disa!ilities andthe other children in the class 4%o eaples of the any !enecialsocial and acadeic e2ects that ay accrue to a student %ithdisa!ilities include positive peer odels and hi.h epectations for
achieveent 4he potentially !enecial e2ects on the other childrenin the class are fostered as they learn to understand and accept theindividual di2erences of their peers Harful e2ects ay include thedisruptive !ehavior of a student %ith disa!ilities if the disruptivenessis severe enou.h to si.nicantly ipair the education of otherstudents 4he school district ust deonstrate that fullconsideration has !een .iven to the coplete ran.e ofsuppleentary aids and services that could !e provided to the
student to deal %ith the pro!le !ehaviors
8/20/2019 William Allan Kritsonis, PhD-special Education-least Restrictive Environmen
P.J., et al v. State of Connecticut, Board ofEducation, et al, was filed in .. on behalf of fiveschool;age children with mental retardation and theirfamilies, &he case was certified as a class action lawsuiton December .3) .3, &he court defined the class as<all mentally retarded school;aged children inConnecticut who have been identified as needing specialeducation and who, , , are not educated in regularclassrooms= &he Settlement !greement specificallyincludes children with the label <ntellectual Disability,=
4n >ay '') '##') a Settlement !greement wasapproved and / goals and outcomes were determined,
8/20/2019 William Allan Kritsonis, PhD-special Education-least Restrictive Environmen
Case la#'7 (oard of Ed, of 0endric? 0udson Central School Dist, v, Rowley $/ ,S, .@5 ".'%,6irst decision in a special education case by the , S, Supreme Court8 defined Ffreeappropriate public educationF in the least restrictive environment,
Carter v, 6lorence County) , S, Court of !ppeals for the 6ourth Circuit Ghile arguingthat four months a year of progress in reading was appropriate) the district alsoargued that because &rident !cademy was not on the State2s FapprovedF list)
Shannon2s parents should not be reimbursed for the placement, &he Court discussesthe mainstreaming policy and Fleast restrictive environmentF, &his ruling created aFsplitF among circuits that opened the door to an appeal to the , S, Supreme Court inFlorence County School District Four v. Shannon Carter ,
7 0artmann v, Loudoun County) ,S, Court of !ppeals for the 6ourth Circuit) inclusionand LRE for child with autism ".@%,
L,(, and -,(, e+ rel, H,(, v, Nebo & School District) , S, Court of !ppeals for the&enth Circuit, Parents of child with autism reimbursed for !(! therapy and privatepreschool which was LRE8 also impartiality of hearing officer, "!ugust '##$%
&, R, v, Hingwood &ownship "N-% "3rd Cir, '###% Clarifies re*uirement to provide aFfree appropriate education "6!PE%F in the Fleast restrictive environment) meaningfulbenefit) continuum of placements,
Iachary Deal v, 0amilton Dept of Educ "&N Due Process Decision !ug '##.% !dministrative law Judge issues $/ page decision after a '@;day due process hearing8finds procedural safeguards and LRE violations8 substantive violations8 discusses credibility
8/20/2019 William Allan Kritsonis, PhD-special Education-least Restrictive Environmen
&his was a very interesting topic to do my PowerPoint Presentationon and found a lot of information on the subJect matter, could goon and on because there is so much to learn and tell, had theopportunity to teach as a Special Education !ssociate in Des>oines) owa many years ago and learned a lot from thate+perience, Now that teach in the !ldine SD district) am gettinghands on e+perience as a teacher on some of the issues and lawsthat are associated with Special Education Least RestrictiveEnvironment, have several students on my class roster that dealwith it every day, !nd am learning new things everyday as well, &ome) <the least restrictive environment is the one that) to the greateste+tent possible) satisfactorily educates disabled children together
with children who are not disabled) in the same school the disabledchild would attend if the child were not disabled,F