Least Restrictive Environment
OSSE Division of Systems and Supports,
K-12
Technical Assistance Session:
Serving Students with Disabilities
Agenda
2
• Introduction & Purpose
• Review of Individuals with Disabilities Education Act (IDEA) & District of Columbia
Municipal Regulations (DCMR)
• LEA Obligations
– Free Appropriate Public Education (FAPE)
– Least Restrictive Environment (LRE)
– Continuum of Educational Placements
• Introduction: OSSE’s Placement Oversight Process
• Planning for Success: Review of resources
• Question and Answers
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• The research clearly shows that students with disabilities do better when they
are educated in settings with non-disabled peers and are closer to home.
• Additional research shows that students without disabilities also benefit from
being educated alongside students with disabilities.
• In 2008, nationally, approximately 4 percent of students with disabilities
received their services in a separate day school outside of the LEA. At the same
time, in the District of Columbia, 27 percent of students were placed in such
settings.
• In DC’s most recent FFY 2015 (2015-2016 school year) Annual Performance
Report (APR), OSSE reported:
– The majority (55.61 percent) of students with disabilities receive instruction
inside general education classes 80 percent or more of the school day
– 10.04 percent of students with disabilities receive instruction inside separate
schools, residential facilities, or homebound/hospital instruction.
• DC has come a long way toward ensuring that students are educated in less
restrictive settings, but we are still above the national average.
Did You Know…
Review of Individuals with
Disabilities Education Act
(IDEA) & District of Columbia
Municipal Regulations
(DCMR)
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• Education for All Handicapped Children Act from 1975 – 1990
• Individuals with Disabilities Education Act (IDEA) from 1990 – present
• Implementing regulations written by the Department of Education and
codified in the Code of Federal Regulations.
– Most recent version revised in 2012
– Contains all of the detailed requirements of the law
Three overall expectations of the law:
1. Students with disabilities receive a free appropriate public education
2. Students with disabilities are served in their least restrictive
environment
3. Services and support to students with disabilities should be based on
student need and in conformity with the IEP.
IDEA Overview
6
IDEA Mandate (34 CFR § 300.101)
FAPE, as defined by IDEA, is special education and related
services that are provided in conformity with an IEP, are
without charge, and meet standards of the SEA.
FAPE ensures children with disabilities are able to access
the general curriculum and are prepared for further
education, employment, and independent living to the
extent as their non-disabled peers.
FAPE must be provided in the least restrictive
environment.
IDEA- FAPE
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• Local regulations governing the provision of special
education and related services to students with
disabilities is found in Title 5 of the District of Columbia
Municipal Regulations (DCMR).
– Regulations governing services provided in District
of Columbia Public Schools and charter schools are
found in
Subtitle E, Title 5, Chapter 30 (5 DCMR §E-
3000-3033).
– Regulations governing nonpublic schools are found
in
Subtitle A, Title 5, Chapter 28 (5 DCMR §A-2800-
2899)
.
DCMR
LEA Responsibility:
LRE & Continuum of
Educational Placements
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Every public agency is to ensure that, to the maximum extent appropriate,
students with disabilities are educated with students who are non-disabled
in the general education classroom.
Special schooling, special classes, or other removal of children with
disabilities from the general education environment should occur only if
the nature and severity of the disability is such that education in regular
classes, with the use of supplementary aids and services, cannot be
achieved satisfactorily.
• Placement decisions must be based on a child’s unique needs and IEP, not on
administrative convenience, disability/program label, or allocation of funds.
• Consideration must be given to any potential harmful effect on the child or on
the quality of services that the child needs.
• A child with a disability may not be removed from education in age-appropriate
regular classrooms solely because of needed modifications in the general
education classroom.
IDEA Mandate (CFR § 300.114(a)(2))
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Continuum of Educational Placements
Least Restrictive Environment
Full time general education setting with
supports/modifications within the LEA.
General education setting with
supports/modifications and access to a
special education setting within the LEA
Special education setting with limited access to
the general education setting within the LEA
Full time special education setting with no access
to the general education setting with the LEA.
Special education day
school (nonpublic school)
Home instruction/
residential program
Instruction in hospital
Most Restrictive
Environment
Move this way only as far as
necessary
Return this way as rapidly
as appropriate
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LRE
The meaningful education of
students with disabilities to
the maximum extent possible
in the general education
environment.
IDEA requires that each
student with a disability
requiring special education
be educated in the LRE
appropriate to meet the
student’s unique needs,
based on the student’s I E P.
IDEA: LRE vs. Inclusion
Inclusion
The approach of providing
students with disabilities
education within the general
education setting with
accommodations and
modifications as needed.
Inclusion does not mean that
students with disabilities
must be or are always
educated in the general
education setting for 100% of
the time.
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Placement, as it relates to special education, is the level of service
and the type of environment, classified by the level of restrictiveness
(e.g. general education classroom, special education/resource
classroom, or nonpublic school). It is also known as an educational
environment.
Placement is NOT:
- Location of services
- Number of hours for special education services that a student
receives
- Reliant on the category of disability, language or communication
needs, space availability, needed modification to the general
education curriculum, or administrative convenience.
Continuum of Educational Services
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DCMR Mandate (Sec. 3012)DCMR Mandate (Sec. 3012 & 3013)
• The LEA shall ensure that a continuum of alternative placements is available
to meet the needs of children with disabilities for special education and
related services.
• Alternative placements shall include instruction in:
(a) Regular classes;
(b) Special classes;
(c) Special schools;
(d) Home instruction; and
(e) Instruction in hospitals and institutions.
• Provision for supplementary services, such as resource rooms and itinerant
instruction, shall be available in conjunction with regular class placement.
DCMR- Educational Placement
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• The LEA shall ensure that the educational placement decision for a child with a
disability is:
(a) Made by a group of persons, including the parents and other persons,
knowledgeable about the child, the meaning of the evaluation data, and
the placement options;
(b) Made in conformity with the LRE provision of the Act and DCMR;
(c) Made within timelines consistent with applicable local and Federal law;
(d) Determined at least annually after his or her initial placement;
(e) Based on the child's IEP; and
(f) Is as close as possible to the child's home.
• Unless the IEP of a child requires some other arrangement, the child shall be
educated in the school that the child would attend if not disabled.
• In selecting the LRE, consideration shall be given to any potential harmful effect
on the child or on the quality of services that the child needs.
DCMR: Placement and Location
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Factors to be considered in placement:
In determining the educational placement of students with
disabilities, consideration must be given to any potential harmful
effect(s) on the students or on the quality of services that the
students need. The following factors should also be considered:
– Based on the student’s IEP
– Determined by the IEP team
– Determined at least annually
– Is as close as possible to the student’s home school - the
school the student would attend if the student did not have a
disability
Placement: Factors to Consider
Introduction: OSSE’s Placement
Oversight Process
The Placement Oversight Team coordinates with internal District government agencies
and community partners to ensure that all District students receive FAPE; and develops
and administers procedures to ensure that students are educated in the LRE appropriate
to meet their needs.
OSSE’s Placement Process
IEP Team
Hearing Officer
Determination
(HOD)/ Settlement
Agreement (SA)
Other
Agencies
Routes to a Nonpublic School Placement
• If an LEA/IEP team believes a student may require a more restrictive nonpublic
school placement, it must seek a change in placement review from OSSE.
• OSSE’s role is to help the LEA/IEP team examine if additional steps can be taken to
maintain the student in his/her current setting.
• OSSE conducts this process by reviewing documents related to steps taken to
support the student, looking at the student’s response to interventions based on
the student’s current behavior and performance, and listening to staff, the
parent, and, as appropriate, the student him/herself.
• Once this review is completed, OSSE will provide a recommendation to the team
regarding whether all steps have been exhausted or whether the team thinks
additional strategies could be tried.
• Ultimately it is the IEP team’s decision- OSSE serves in an advisory role.
Placement Process: Nuts and Bolts
How do you initiate a change in placement (CIP) review process?
To open a change in placement review case with OSSE, an LEA must submit a
Justification of Removal Statement (JRS).
A complete JRS will provide the following:
– A description of the child’s special education and related service needs;
– A description of the services that have been considered by the team and
implemented as strategies for success in the general education
environment or LRE;
– A description of any specific placements and/or locations under
consideration or requested by the parents and/or the LEA; and
– A description of provisional plans for reintegration back into a less
restrictive learning environment.
Placement Oversight Process: The Basics
• Once a CIP request is submitted…
– A change in placement coordinator will be assigned to complete the 30
day review.
– The Coordinator will acknowledge receipt of the case. In the
acknowledgment email, the Coordinator will request specific student
documentation and propose meeting dates to review the request- an
Initial Phone Call and a CIP Meeting date.
– Initial Phone Call: On this phone conference, the coordinator will review
the case with the LEA and provide initial training and technical assistance.
The Coordinator, at his/her discretion, may speak with the parent and
may conduct a student observation.
– CIP Meeting: At the conclusion of the review, the Coordinator will attend
a CIP meeting and issue a state recommendation warranting a more
restrictive setting for the student.
– If the team moves forward, the location assignment phase begins.
What to Expect as an LEA
OSSE’s Placement Oversight Process
LEA/IEP Team believes student may
need a nonpublic school placement
School reviews data and response to
interventions, and if determined
appropriate, LEA submits a change in
placement (CIP) request to OSSE
(start of a 30 day review)
OSSE case manager is assigned and
begins a thorough review of the CIP
request, including: file review,
stakeholder discussions, student
observation
OSSE holds an informal meeting with
the LEA to provide technical
assistance (initial phone conference)
(during 30 day review)
Case manager attends a formal CIP
meeting to inform a state
recommendation
(on or around 30
th
day)
At the CIP meeting, the IEP Team
makes final placement
determination:
If Yes- OSSE proceeds to location
assignment phase
If No- student remains in public
setting; case closed
LOCATION ASSIGNMENT PHASE:
OSSE determines the nonpublic
school student will now be
attending, with input from LEA and
parent
(start of a 10-business day review)
OSSE issues location assignment
LEA issues PWN
Student begins attending the
nonpublic school
Case closed
A. It helps OSSE to have as much information up front when a request is made.
Knowing what steps you have taken to serve a student will help us get a full
picture.
B. It is important to keep families informed of the process and to get input on
what they see as important considerations. Your help with this
engagement and information sharing is critical.
C. If a decision is made to place a student into a nonpublic setting, the student
remains enrolled at the LEA, and IDEA obligations remain in effect. It is your
role to ensure the student continues to be well-served.
Planning for Success
23
• Since the inception of the state level placement process, OSSE has reviewed close
to 1,000 change in placement requests. On average, annually OSSE has helped
LEAs prevent 30 percent or more requests for more restrictive nonpublic school
settings. OSSE’s efforts to support LRE take into account the best interest of the
child and current available resources.
• The majority of placement requests are related to behavioral reasons.
• For school year 2015-16, below are the demographics for the cases OSSE
received.
– 74 percent of cases were male students and 26 percent were female students
– 88 percent of cases were African American students, 6 percent were White
students, and 5 percent were Hispanic students
– 43 percent of cases were PreK to 5
th
grade students, 23 percent were 6
th
to
8
th
grade students, and 34 percent were 9
th
to 11
th
grade students
– OSSE received cases for students ranging from age 4 to 21. Students age 9 to
16 accounted for 75 percent of the cases.
OSSE Change in Placement Data
Preparing for Success
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LEAs must:
• Ensure students with disabilities receive a free appropriate public education in
their least restrictive environment.
• Have a continuum of educational placements to meet the needs of students
with disabilities.
– Special education is not a place; it is a set of services and supports.
• Ensure a student’s placement is:
– Determined at least annually;
– Based on the child’s IEP; and
– As close as possible to the child’s home, unless the IEP requires another
arrangement.
• Compliance with IDEA, DCMR and OSSE state policies.
Preparing for Success: Key Reminders
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• IDEA provisions
• DCMR provisions
• OSSE State Policies & Guidance
• Least Restrictive Environment Toolkit
• Least Restrictive Environment White Paper
• Policies and Procedures for Placement Review, Revised- Policy
• Policies and Procedures for Placement Review, Revised-
Guidance
• Policies and Procedures for Placement Review, Revised -
Parent Brochure
Preparing for Success: Resources
Q&A
FIND US
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youtube.com/DCEducation
www.osse.dc.gov
GET SOCIAL
ADDRESS:
POC:
28
CONTACT INFORMATION
1050 First Street NE
5th Floor
Washington, DC 20001
Katie Reda
Special Programs Manager
Katie.R[email protected]
Thank you!
