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Placement in the Least Restrictive Environment by ert554898


									     Day 4
Determining LRE
         Due Process Institute
• Day 1- Prior to Referral √
• Day 2 – Referral Meeting, Evaluation Planning,
  Conducting the Evaluation √
• Day 3- Eligibility Determination √
• Day 4 – IEP Meeting and Least Restrictive
          Objectives for Institute
For ARC Committee Members to
 To become aware of Disproportionate Representation
 To understand the incidence rates within the region
 To address district compliance with KCMP
 To update districts on regulations
 To understand ARC responsibilities
 To understand the ARC decision-making process
 To update districts on completion of due process forms
Non-Purpose for the Institute

•To train the use of due
process forms within Infinite
•To train the IEP module
             Objectives for Day 4
            Determining Eligibility
• To understand the roles and responsibilities of
  Admissions and Release Committee in developing
  the IEP.
• To understand Least Restrictive Environment
• To understand how to appropriately determine LRE
ARC Responsibilities for
developing the IEP and
determining placement

    General ARC Meeting Process –
        Participant Handout
• Prior to the meeting

• Beginning of the meeting

• During the meeting

Tips for Positive Meetings

“Tact is the knack for making a point
    without making an enemy”.
           Sir Isaac Newton
          IEP and Placement Meeting Steps

A.   Introduction of ARC Members and Guests
B.   Review of Parent Rights
C.   Chairperson describes the ARC Process
D.   Chairperson describes the steps in the IEP/LRE Meeting
E.   ARC uses student performance information collected to
     develops the IEP
F.   Using the IEP the ARC determines Placement in LRE
G.   Review Conference Summary/Action Notice
H.   Give Written Notice of Action and Other Meeting
     Documentation to Parents
Invitation to Meet
Draft IEPs
IEP- Demographic Data
                      Transition            Present Levels &
                                            Affect Statement

Progress                       Student
Reporting                    Performance
                                                         SDI and
Progress                                                 Related
Monitoring                                               Services

       Daily Lesson                                Participation
       Plans                                       in General Ed
     Student Performance Data
 pre-referral               state and district-wide
  intervention results        assessment results
 work samples (e.g.,        progress monitoring
  portfolios, daily           data (including
  assignments, etc.)          baseline data)
 behavioral                 interviews
  observations               classroom tests
 results of standardized    formal/informal
  individual assessments      assessment
 culminating                journal writing
  products/projects          ILP (IGP)
 Student and parent
The ARC shall consider in the development of an
1. the strengths of the child;
2. the concerns of the parents for enhancing the
   education of their child;
3. the results of the initial or most recent
   evaluation of the child;
4. the academic, developmental, and functional
   needs of the child; and
5. as appropriate, the results of the child’s
   performance on any general state or district-
   wide assessment programs. KARCFR 300.324
                                         1:320 §5 (1)

     Transition Tips
 The Transition needs of the
  student must be discussed first
 Have the Individual Learning
  Plan (ILP) at all ARC meetings
 Update the transition surveys
  annually (parent and student)
 Review other transition
          Transition Needs

 In the child’s eighth grade year or when the
  child has reached age 14 (or younger if
  determined appropriate) the IEP includes a
  statement of transition service needs
 The statement is updated annually
 Focuses on the child’s course of study
                                     707 KAR 1:320 §7 (1)
                                    34 CFR 300.320 (b)(2)
Postsecondary Transition Needs
                  Measurable Postsecondary
   Beginning no later than the first IEP to be in effect when the child is 16, the IEP
    includes appropriate measurable postsecondary goals

   Postsecondary goals are updated annually

   Postsecondary goals are based upon age appropriate transition assessment
    related to 1) training/education, 2) employment, and, where appropriate, 3)
    independent living skills

   IEP includes the transition services (including courses of study) needed to assist
    the child in reaching those postsecondary goals

   IEP includes annual goals that will reasonably enable the student to reach the
    postsecondary goals.

                                                                             707 KAR 1:320 §7 (2)
                                                                            34 CFR 300.320 (6) (1)
Postsecondary Goals
A statement of the child’s present levels of
  academic achievement and functional
  performance, including:
  How the child’s disability affects the child’s
    involvement and progress in the general
    curriculum as provided in the Kentucky POS; or
  For preschool children, as appropriate, how the
    disability affects the child’s participation in
    appropriate activities.

                                        707 KAR 1:320 §5 (7)(a)
                                              34 CFR 320 (a)(1)
Present Levels of Academic Achievement and
          Functional Performance

                        Present Levels of Academic Achievement and Functional Performance, including how the disability affects the student’s involvement and
Education Performance   progress in the general curriculum (For preschool children include the effect on participation in appropriate activities; Beginning in the child’s 8th
   Areas Assessed       grade year or when the child has reached the age of 14, a statement of transition needs is included.)
                        707 KAR 1:320 §5 (7)(a)
        Academic Achievement and
       Functional Performance Areas to

•   Communication
•   Academics
•   Social and Emotional
•   General Intelligence
•   Health, Vision, Hearing, and Motor
•   Transition to Post-Secondary
•   Functional Vision/Learning Media
                                              707 KAR 1:320 §5 (2) (c)
                                 707 KAR 1:320 §7 (1)
                                      707 KAR 1:300 §4 (10)
                                      34 CFR 300.304 (c) (4)
Communication Status includes functioning in the areas of voice, fluency,
receptive and expressive language, articulation. This includes any means
(e.g., speech, sign language, gesture, writing) by which a student relates
experiences, ideas, knowledge, and feelings to others.
Academic Performance is the level of development or
achievement in basic and content reading and
comprehension, math calculation, oral and written expression,
listening comprehension, learning styles and strategies.
Health, Vision, Hearing, Motor Abilities include information
regarding the status of the student in these areas. This
information is typically provided through screening
information and by health care providers, including physical
and occupational therapists.
Social & Emotional Status includes adaptive behavior, social
skills, self-help, responsibility, and safety.
General Intelligence includes aptitude, knowledge application,
thinking, and problem solving.
Transition Needs include instruction, related services, community
experiences, employment, daily living skills, post school adult
living objectives, and functional vocational evaluation.
Functional Vision and Learning Media Assessment is a method to
identify the impact a child’s visual impairment has on their ability
to develop or maintain literacy skills that will assist the ARC in
determining the current and future media that will provide
greatest access to learning for the student.
Affect on Involvement and Progress in
       the General Curriculum
Based on the statements in the Present Level:
What are the student’s challenges related to
  the disability?
How will the challenges related to the
  disability affect day-to-day life?
Social and Emotional Status
     Consideration of Special Factors

1.   Behavior Concerns
2.   Limited English Proficiency
3.   Blind or Visually Impaired
4.   Communication Needs
5.   Deaf or Hard of Hearing
6.   Assistive Technology
                                   707 KAR 1:320 §5 (2)
                                   34 CFR 300.324 (a)(2)
                 If you check yes here,
You must include an annual goal to address this deficit.
    If a child has a discipline record and/or poor
     attendance, both are considered to “affect”
Consideration of Special Factors
Prioritizing Student Needs
        Student’s strengths and weaknesses

        Amount of time left in school

        Skills needed to achieve postsecondary goals

        Behaviors that appear most modifiable

        Parent, teacher and student interests and
The ARC writes goals, benchmarks, and/or objectives for the priority
                           areas only.
  Measurable Annual Goals
A statement of measurable annual goals,
  including academic and functional
  goals and benchmarks or short-term
  objectives, designed to:

  – Meet the child’s needs that result from the
    child’s disability to enable the child to be
    involved in and make progress in the
    general curriculum; and
  – Meet each of the child’s other educational
    needs that result from the child’s 1:320 §5 (7)(b)
                                    707 KAR
                                     34 CFR 300.320 (a)(2)
      Measurable Annual Goals
 Are written to ensure access and enable
  progress in the general curriculum
 Relate to the needs identified in the Present
 For students age 16 and older, reasonably
  enable the student to reach his/her
  postsecondary goals
 Include a method of measurement
 Describe performance anticipated within
  ONE year
                 Make sure the annual measurable goals are directly linked to post secondary goals for
                 children 16 years of age and older.
                 Include the words “improve or increase” to make measurable.

Keep these to a minimum number since
you will be responsible for monitoring.
                        Setting the Annual Goal

  1. Determine the skills needed.
  2. Determine “How far by when?”

For students who are 16 or older
  Benchmarks and
Short Term Objectives

        milestones for
         measuring progress
        written for each
         annual goal
  Short Term Objectives

 Audience
 Behavior
 Circumstances
 Degree
 Evaluation
Parents must be informed of:

How progress toward
 annual goals is measured
When periodic progress
 reports will be provided

                               707 KAR 1:320 §5 (13)(a-b)
                               34 CFR 300.320 (a)(3)
Previous Form
Current Form
SDI: The Definition
     Specially-designed instruction
       (SDI) means adapting, as
       appropriate, the content,
       methodology, or delivery of
       instruction to address the
       unique needs of the child
       with a disability and to
       ensure access of the child to
       the general curriculum
       included in the Program of

                          707 KAR 1:280 §1 (58)
                           34 CFR 300.39 (b)(3)
Direct instruction in word identification strategies
Instruction in the use of a communication system
    Supplementary Aids and
        Services Are…
Aids, services, and other supports that are
  provided in regular education classes or
  other education-related settings to enable
  children with disabilities to be educated with
  non-disabled children to the maximum extent

                                      707 KAR 1:280 §1 (61)
                                             34 CFR 300.42
Supplementary Aids and
    Services Are…
    Program Modifications
 Support for School Personnel
Support to meet the unique needs
    of the child may include…

 Specialized Training
  Use and maintenance of
    specialized equipment
 Use of school time
  Shared planning time
 Use of school staff
  Additional adult supervision      707 KAR 1:320 §5 (8)

    (note when & where)
                                   34 CFR 300.320 (a)(4)
Indicate the co-teaching service delivery model here
The ARC may identify assessment accommodations if
  they are needed by the student in order to
  participate in state or district-wide assessment.

Decisions concerning the use of assessment
  modifications shall be supported by evaluation
  information and the IEP as necessary for the student
  to access the general education curriculum.
Accommodations for Assessment
      Alternate Assessment
If the ARC determines that the child
   shall take an alternate assessment
   on state or district-wide
   assessment, a statement of why:

 The child cannot participate in the
  regular assessment; and
 The particular alternate
  assessment selected is
  appropriate for the child.
                                          707 KAR 1:320 §5 (11)
                                        34 CFR 300.320 (a)(6)(ii)
         Related Services
Related services are those transportation and
 developmental, supportive, or corrective
 services which are needed by a child or youth
 with a disability to benefit from special
 education. Related services complement and
 supplement the specially designed instruction
 provided to the child or youth.

                                    707 KAR 1:280 §1 (51)
                                           34 CFR 300.34
  Examples of Related Services
 transportation      occupational
 psychological        therapy
  services            physical therapy
 counseling          recreational therapy
 parent education    speech and
 interpreting         language therapy
 orientation and
                                707 KAR 1:280 §1 (51)
                                     34 CFR 300.34(a)
      Beginning and End Dates, Frequency,
     Location, Duration of Special Education

If you note co-teaching or collaboration on type of
service, then two teachers must be present in the classroom
at all times. A Para-educator is not a certified teacher
and may only provide support. Co-teaching is a regular class
Need to be specific.
no longer can a
range of time be
Transition Services
     Participation in the General
         Education Program
         Least Restrictive Environment (LRE) and General Education:         Explain the extent, if any, to which the student will not
         participate in general education classes (content area):

       For example: Sarah will participate in resource class for language arts.
       For a student who receives speech only: Bobby will participate in all regular education classes with the exception of speech
       services twice a week.

An explanation of the extent, if any, to
which the child will not participate with
non-disabled children in regular classes.
                         707 KAR 1:320 Section 5 (9)
      Transfer of Rights
• Beginning at least one year before the age
  of majority
• Statement that the student and their
  parents have been informed of the rights
  that will transfer to the student upon
  reaching the age of majority
• Upon the student’s age of majority,
  parents continue to receive Notice
                                 707 KAR 1:320 §6 (4)
                                707 KAR 1:320 §5 (14)
                                         CFR 320 (c)
     Set Date for Annual Review
Date of ARC to Develop IEP: 10-8-09

Date of ARC to Review IEP: 10-7-10 or 10-08-10

Produced by NICHCY, 2007
             The Big Picture

 Foundation                                   FAPE

 Supports                                  education
                                        Related services

Reinforced                            Supplementary aids
 materials                               and services
                                      Assistive technology

Quality work                            Highly qualified
                Produced by NICHCY,
     Least Restrictive Environment
      Defining Least Restrictive Environment (LRE)
                   — Requirements
                   — Continuum of alternative placements
                   — Placements
                   — Nonacademic settings

      Role of “Supplementary Aids and Services”
       in Supporting Participation of Children with

      Factors to Consider in LRE Decision Making
                             707 KAR 1:350 §1

Produced by NICHCY, 2007
Defining LRE

 Each public agency must ensure that—

                              • To the maximum extent
                                appropriate, children with
                                disabilities are educated
                                with children who are


                           §300.114 LRE requirements.
Produced by NICHCY, 2007
                                  Defining LRE
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
   and services cannot be
    achieved satisfactorily
Produced by NICHCY, 2007
    Supplementary Aids and
        Services Are…
Aids, services, and other supports that are
  provided in regular education classes or
  other education-related settings to enable
  children with disabilities to be educated with
  non-disabled children to the maximum extent

                                      707 KAR 1:280 §1 (61)
                                             34 CFR 300.42
    Examples of Supplementary
        Aids and Services
•   Manipulatives          • Use of computer
•   Calculators            • Text/Screen readers
•   Extra time             • Enlarged text
•   Preferential seating   • Self-monitoring
•   Adapted test format    • Augmentative
•   Behavior contracts       communication
•   Shortened              • Scribe
Defining LRE
Placement Based on Need

Placement decisions must be based on a child’s unique needs and
IEP, not on administrative convenience, disability/program label,
or allocation of funds

Produced by NICHCY, 2007
Defining LRE

              Continuum of Alternative Placements
                               …includes instruction in:

 regular                   special       special         child’s   hospitals or
 classes                   classes       schools         home      institutions

                              << Less                 More >>

Produced by NICHCY, 2007
  Defining LRE

      Placement decisions are made by a group of
        persons, including the parents, who are

  • about the child
  • the meaning of the
    evaluation data
  • the placement options

Produced by NICHCY, 2007
Defining LRE
 • The child’s placement is
    determined at least annually
 • Is based on the child’s IEP
 • Is as close as possible to the
   child's home
 • Unless child’s IEP requires
   another arrangement, child is
   educated in the school that he
   or she would attend if

Produced by NICHCY, 2007
Defining LRE

• Consideration must be given to
  any potential harmful effect on
  the child or on the quality of
  services that he or she 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 curriculum        Placements

Produced by NICHCY, 2007
Defining LRE

 Participation in Extracurricular and
 Nonacademic Services and Activities
Each public agency must            Transportation
ensure that…

• the child has
  supplementary aids and
  services determined
  appropriate and necessary
  by the child’s IEP Team to
  participate in nonacademic
  and extracurricular
  services and activities
 Produced by NICHCY, 2007
           LRE Standard Summary
• Based on the IEP
                                    Not removed from age-
• Determined annually               appropriate classrooms
• Reflects home school              solely because of needed
  attendance unless                 modifications in general
  another site is required
• Consideration if given to
  harmful effects
• Provides opportunity for
  involvement in programs,
  activities, or classes in
  which non-disabled peers

9/8/2012                KDE/cfg/BEEC/jeg                       78
            Four Rules when
           Considering the LRE
1. Consider the regular ed. classroom for every
2. Consider as possible modifications, aids, and
   services in regular ed. classroom first.
3. Consider special education class or resource
   room for part of the day.
4. Consider a more restrictive placement if

9/8/2012            KDE/cfg/BEEC/jeg           79
Placement is not made solely on the basis

•   Category of the disability
•   Availability of services
•   Facility and equipment utilization
•   Reimbursement or transportation costs
•   Special design/unique attributes of a facility
•   Lack of or better qualified staff
•   Availability of related services

9/8/2012                  KDE/cfg/BEEC/jeg           80
 Placement is not made solely….

• Smaller pupil-teacher ratio
• Administrative convenience
• Configuration of service
• Parental preference

9/8/2012             KDE/cfg/BEEC/jeg   81

9/8/2012   KDE/cfg/BEEC/jeg   82
                           Road of Life

            Myra’s Life
             Age: 62
 Both employed full-time
            Children: 2
           Health: Good
9/8/2012                      KDE/cfg/BEEC/jeg   83
Activity: Continuum of Placement Alternatives
                               for Myra

           Most Restrictive

           Least Restrictive

9/8/2012                       KDE/cfg/BEEC/jeg   84
 Senior Citizen & Child with a Disability

9/8/2012          KDE/cfg/BEEC/jeg      85
Completing the Conference Summary
   Notice of Proposed/Refused Action
Information is Sufficient
Completing the Conference Summary
 Notice of Proposed/Refused Action
Completing the Conference Summary
 Notice of Proposed/Refused Action
Completing the Conference Summary
     Notice of Proposed/Refused Action
Completing the Conference Summary
 Notice of Proposed/Refused Action
Completing the Conference Summary
 Notice of Proposed/Refused Action
Completing the Conference Summary
 Notice of Proposed/Refused Action
Completing the Conference Summary
 Notice of Proposed/Refused Action
Completing the Conference Summary
 Notice of Proposed/Refused Action
         Completing the Conference Summary
          Notice of Proposed/Refused Action

Notes Page - 1
Completing the Conference Summary
 Notice of Proposed/Refused Action
Completing the Conference Summary
 Notice of Proposed/Refused Action
           WARNING! WARNING!
            DANGER! DANGER!
                       DO NOT SIGN ANY
                         DEVELOPED IN AN ARC
                         MEETING UNLESS YOU
                         ATTENDED THE
                         MEETING - YOU CAN
                         LOSE YOUR TEACHING

9/8/2012          KDE/cfg                      98
                 Next Steps

• Clean up training materials and upload to site
• Upload annotated forms
• Upload E’specially DECS
And that’s all I’ve got to say about

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