(Least Restrictive Environment)

 

The Individuals with Disabilities Education Act (IDEA) and the Administrative Rules of Special Education promote disabled students being educated in their neighborhood school whenever appropriate. A "neighborhood school" is defined as the school a student would attend if he/she did not have a special education programming or service need. The following from the Administrative Rules of Special Education provides the direction for the decision making process at the building level:

41.3(5) Least restrictive environment. Each agency shall ensure that, to the maximum extent appropriate, children requiring special education are educated with individuals who do not require special education and that special classes, separate schooling or removal of children requiring special education from the general education environment occurs only when the nature or severity of the individual’s disability is such that education in regular classes with the use of special education and related services cannot be achieved satisfactorily in accord with Division of these Rules.

Two issues need to be addressed by IEP staffing teams, ‘Will all children with special education needs be served in their local attendance center?" and, "Will all special education students be placed in regular education classrooms and in the regular education curriculum?" The answer to both questions is "No." Both state and federal special education regulations clearly state that children needing special services and programs will have an individual educational plan (IEP) that considers all options that are available to a child within a district. The final decision as to whether a student is served at his/her the neighborhood school and the degree to which the student can effectively be integrated with non-disabled peers lies with the multi-disciplinary IEP staffing team. The primary issue is determining whether special education and support services identified in the student’s IEP can, with reasonable accommodations, be provided at the local attendance center. Even though the new emphasis is on Special Education being referred to as a "service", Ankeny Community School District will continue including "special programs" as a service as well, including self-contained classroom settings.

Four questions provide IEP staffing teams guidance in determining whether a special education student can be served in regular education, a local attendance center, or whether the educational needs of the student should be provided elsewhere. These are as follows:

1. Has the District made a reasonable effort to accommodate the student in the regular classroom with assistance and technology, and has the AEA provided the appropriate "support and related services" (e.g., consultative, psychological, speech pathology, Occupational Therapy, Physical Therapy, Adaptive Physical Education Consultation, Consultative Services, School Social Work Services, EC consultative services) to adequately support and implement the program with the regular education staff?

2. What non-academic benefits can be derived from association with non-disabled peers? (social and emotional)

3. What possible negative effects will occur on other students as a result of the inclusion of a special needs student in a regular classroom?

4. What additional costs will be incurred because of supplementary aids and services provided to maintain the child in a regular education setting?

Ankeny Community School District is required to provide a "continuum of services" which needs to be discussed at IEP meetings for children where the above questions become a concern. If a student with disabilities cannot be educated appropriately in a regular class or in their neighborhood attendance center, they will be included in school programs with nondisabled students whenever possible.

 

Levels of Service
Rules of Special Education 41.132

The level of services refers to the relationship between the general education program and specially designed instruction for an eligible individual. The level of service is determined based on an eligible individual’s educational need and is independent of the environment in which the specially designed instruction is provided. One of three levels of service will be assigned by the AEA Director of Special Education. The levels of service described below will facilitate a variety of student needs based on the accommodations and modifications described in the student’s individualized educational plan (IEP). These services and programs are described in the Administrative Rules of Special Education and are provided to students in the district:

Level I: A level of service that provides modified or specially designed instruction for a limited portion or part of the educational program. A majority of the general education program is appropriate. This level of service includes modifications and adaptations to the general education program (reference Iowa Code section 256B.9[1]"b").

Students receiving Level I services are generally special education students who can benefit from the regular education curriculum course content, and are able to meet general education performance expectations with minimal modifications, support, and related services.

Level II: A level of service that provides specially designed instruction for a majority of the educational program. This level of service includes substantial modifications, adaptations, and special education accommodations to the general education curriculum and programming (reference Iowa Code section 256B.9[1]"c").

Level III: A level of service that provides specially designed instruction for most or all of the educational program. This level of service requires extensive redesign of curriculum and substantial modification of instructional techniques, strategies, and materials (reference Iowa Code section 256B.9[1]"d").

 

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