LRE - Part I

This is Part One in a series on the Least Restrictive Environment.  The next sections of this series will be released over the course of the month of September.


The world of Education, and particularly the realm of Special Education, is full of acronyms.

One of those acronyms that you may frequently come across is LRE.  LRE stands for the Least Restrictive Environment.

As a parent or guardian of a child with special needs, your first reaction when considering school is to protect your child as much as possible.  You may be naturally inclined to desire a buffer to help cushion him or her from the world because, let's face it... the world doesn't always accept special as wonderful, unique, and full of potential.  Your child may have needs that threaten his or her health making it difficult for you to picture him or her participating in the swarm of 22+ other children in a classroom with one or two adults.  As a parent of a child with special needs - whether those needs are because of allergies, chromosomal differences, or Autism - you want to make sure that your loved one is protected.

Most often, schools offer this "protection" in the form of separate classrooms, separate tables, or separate educational opportunities tailored to meet "the specific needs" of your child.

While these "protective mechanisms" may at first thought appear to be ideal, I challenge you to ask yourself if it is really the best environment providing the most opportunities for your child to learn about the world around him or her and grow alongside his or her peers.

IDEA guarantees children with special needs the right to learn in the least restrictive environment possible with the maximum supports available.

Sec. 300.114 LRE requirements. 

(a) General. 

(1) Except as provided in Sec. 300.324(d)(2) (regarding children with disabilities in adult prisons), the State must have in effect policies and procedures to ensure that public agencies in the State meet the LRE requirements of this section and Sec. Sec. 300.115 through 300.120.

(2) Each public agency must ensure that--

(i) 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 nondisabled; and

(ii) 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 aids and services cannot be achieved satisfactorily.

(b) Additional requirement--State funding mechanism.

(1) General. (i) A State funding mechanism must not result in placements that violate the requirements of paragraph (a) of this section; and

(ii) A State must not use a funding mechanism by which the State distributes funds on the basis of the type of setting in which a child is served that will result in the failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child's IEP.

(2) Assurance. If the State does not have policies and procedures to ensure compliance with paragraph (b)(1) of this section, the State must provide the Secretary an assurance that the State will revise the funding mechanism as soon as feasible to ensure that the mechanism does not result in placements that violate that paragraph.

(Authority: 20 U.S.C. 1412(a)(5))

LRE means that, to the maximum extent appropriate, school districts must educate students with disabilities in the regular classroom with appropriate aids and supports, referred to as "supplementary aids and services, " along with their nondisabled peers in the school they would attend if not disabled, unless a student's IEP requires some other arrangement. This requires and individualized inquiry into the unique educational needs of each disabled student in determining the possible range of aids and supports that are needed to facilitate the students's placement in the regular educational environment before a more restrictive placement is considered. (http://www.wrightslaw.com/info/lre.osers.memo.idea.htm)

Educating a child in the least restrictive environment helps ensure that the WHOLE child is being educated.  Not only are academics part of a child's teaching, but social cues and mores, transition practices, and appropriate interactions are integral to the complete education of a child.

Certainly there occasions when it is arguable that a child should be in a smaller learning environment with one on one attention.  However, it is important that these placements and situations, if chosen, are still as unrestrictive as possible in order to maximize the child's learning potential.

Children are likely to live up to what you believe of them.
~ Lady Bird Johnson

Perhaps one of the most significant facets in helping a child achieve an education in the least restrictive environment is believing that the child is capable of performing without restrictions.  I am in no way endorsing "throwing a child to the wolves", so to speak, in order to prove that he or she is able to do certain things.  

I am, however, encouraging a paradigm shift from seeing what the child's limitations are to embracing the child's strengths and capitalizing on them in order to provide an environment that is not overly restrictive.  Evaluate the child's capabilities based on the child rather than on the test scores, evaluations, and diagnosis of the child.  

It is always possible - and much, much easier on everyone - to add in additional supports as needed; however, it is significantly more difficult to remove unnecessary supports once perceived dependencies have been established.  

It is a proven fact that children will try to live up to the expectations set for them. 

IDEA Part(A)(c)(5). Over 20 years of research and experience has demonstrated that the education of children with disabilities can be made more effective by (A) having higher expectations for such children and ensuring their access in the general curriculum to the maximum extent possible.  

By setting higher expectations for our children with special needs, we are not only assuming and encouraging competency, but also empowering them to work towards achieving success.  By eliminating the focus on the disability of the child and focusing on the possibilities and strengths of the child, we as parents, educators, and advocates are significantly more effective in supporting the potential for success and providing our children the opportunity to learn and grow in the least restrictive environment.

Jennifer Cardenas

The Most Important Question

Why?

As children, our naturally inquisitive nature prompted us to question everything.  Why do I have to go to bed?  Why do I have to eat my veggies?  Why does the moon come up at night?  Why do dogs have wet noses?

Now that I am a mother, I find myself falling into the trap of answering "Because I Said So."  However, "Because I Said So" is not a good enough answer when it comes to advocating for your child.

As parents, we expect that we should be able to trust the school to always do what is best for our children.  We put our faith in the fact that they are the "experts" and will always do what is "right" by our kids.  We all too often accept "Because I Said So" as the answer to our questions.

You are the only expert on your child.  

If you want something to happen and truly believe that it is possible and best for your child, but the school is not supporting your wishes, ask them WHY.  

If you are faced with a "policy" or standard that does not seem to make much sense, ask WHY it is in place.  

If you don't understand or accept "Because I Said So" as a viable excuse from your school (which you never should!!), ask them WHY they "SAID SO".

Asking WHY does not make you confrontational.  It helps you become an informed advocate for your child.

I was recently in an IEP with a family and was told that in a school of over 800 students, there were no children enrolled who needed services similar to those that the child for whom I was advocating needed. As a result, the family was being asked to place the child in a different school elsewhere in the district where his needs could be met.  I knew that there were other children zoned to my child's home school with similar disabilities and needs, and I wanted to know where all of these children were and what the school was doing about this conundrum.

What did I do?  I asked WHY.

Why are there no other children in this school who require similar services?  Why are there no accommodations in place to support the needs of this child and other children with similar needs?  Why does this child and other children with similar needs have to be unnecessarily restricted and sent outside of their home school because they have additional learning needs to achieve success in the general education curriculum?  

I was met with chair shifting, diverted eye contact, and pencil twirls.  

And the answer I was given told me everything I needed to know: The representatives from the school didn't know why.

After several more rounds of "The Why Game", we were able to secure placement in the child's home school, in the least restrictive environment,  with the supports needed to achieve success.  

While there are no guarantees that asking WHY will always achieve the desired outcome, using this simple three letter word is an important tool to freely use when advocating for your child.  

To be an effective advocate, you don't need to be a legal expert, have additional degrees, or complete extensive training.  The first step in being the BEST advocate for your child is to ask the most important question.  

WHY?

Until you clearly understand the answer and get beyond "Because I Said So", keep asking.  You will be well on your way to becoming the best advocate you can be. 

Food Allergies

Food allergies in children are becoming much more prevalent.  Whether they are simply being identified and diagnosed more, or our children are developing more food intolerances, it is a fact that these reactions can be severe and even fatal.

So what can be done to help protect our children with food allergies when they are out of our sight and in the care of others at school?

The first and perhaps most important thing is to make sure that your child with the allergy understands why he or she needs to avoid the trigger and learn how to most effectively protect him or herself from exposure.  Regardless of the severity of the reaction, your child needs to know what foods to avoid, why to avoid them, how to avoid them, and what needs to be done if exposure occurs accidentally.  Remember that empowering your child is the best and most effective step to successful advocacy.

The severity of the child's sensitivity to the allergen will determine what additional steps need to be taken to protect your loved one.  Familiarize yourself with the school's food allergy policy, if one is available.  You will need to work closely with your child's doctor to clearly understand how the child will react with exposure and what type of exposure will trigger a reaction (ingestion, airborne, etc.).  Once you and your doctor have identified the allergens, exposure factors, and reactions, you can decide what additional safeguards should be put in place to protect your child.

Regardless of the reaction, it is important to make sure the school is aware that your child has food allergies and provide them with an exposure action plan.  You will need documentation from your child's doctor stating the allergens, severity of the reaction, and what systems are affected by the exposure (respiratory, cardiovascular, etc.).

In cases where the reaction to exposure can be severe or life threatening, it may be beneficial to consider implementing a 504 Plan.

Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination in an educational program or institution on the basis of a disability.  By law, every student with a disability must be afforded a “free and appropriate public education.” A food allergy may be considered a disability under this law.  Public schools, as well as private preschools and daycare centers that receive federal funds, are required to comply with this law.

You will need to contact your school and work with your child's allergist to determine if a 504 Plan is appropriate for your child.  Do not assume that your school will automatically take the right steps to help protect your child.  It is important to involve all interested parties (teachers, principal, special education representative, doctor, school nurse, etc.) and provide clear and straightforward information to foster open and flowing communication.

The following information is from allergysupport.org and outlines how a child with a food allergy may qualify for protection under a 504 Plan.

Children protected under Section 504 are commonly those with ADD, ADHD, OCD, Diabetes, AIDS, Asthma (that does not affect educational performance) and allergy just name a few. The criteria by which a child with severe food allergy is eligible for protection under Section 504 is that the physiological condition / disorder of food allergy affects the respiratory, digestive, cardiovascular and skin body systems. The physical impairment of food allergy could substantially limit breathing during an anaphylactic reaction. In addition, the U.S. Office for Civil Rights U.S., Department of Education formally recognizes “allergy” as a “hidden disability.”

(“The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 1973.”)

WHAT ARE HIDDEN DISABILITIES?

“Hidden disabilities are physical or mental impairments that are not readily apparent to others. They include such conditions and diseases as specific learning disabilities, diabetes, epilepsy, and allergy. A disability such as a limp, paralysis, total blindness or deafness is usually obvious to others. But hidden disabilities such as low vision, poor hearing, heart disease, or chronic illness may not be obvious. A chronic illness involves a recurring and long-term disability such as diabetes, heart disease, kidney and liver disease, high blood pressure, or ulcers."

(“The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 19743.”)

HOW DOES SECTION 504 HELP A CHILD WITH SEVERE FOOD ALLERGIES?

The legislators who wrote Section 504 purposely used broad and relatively non- prescriptive language so that the law would encompass a wide range of disabilities. Schools must give children protected under Section 504 an “individualized educational program” with “accommodations.” This program usually takes the form of a 504 Plan. The 504 Plan lists and explains the formal accommodations and modifications that will be made to the public school environment to ensure the least restrictive learning environment (LRE). The LRE must provide equal opportunities for children protected under Section 504 to the maximum extent possible as their non-disabled peers. A 504 Plan for a children with food allergy should have many components to address important food allergy issues so affected children have the best possible chance of staying safe.

One of the most significant benefits offered by a 504 plan is the protection of your child's right to be educated in the least restrictive learning environment (LRE).  This means that your school cannot discriminate against your child on the basis of his or her disability - or allergy.  It legally guides the school towards including your child with his or her peers to the fullest extent possible while still protecting him or her against the allergen triggers.

Do not assume that your school will automatically include your child in the LRE simply because a 504 Plan is in place.

Because food allergies are a relatively new problem facing schools, you will need to be diligent in ensuring that your child is not being unnecessarily separated from his or her peers.  It is not uncommon for schools to be overly protective and restrictive of children to avoid negative outcomes (allergen exposure and reaction) and limit litigation possibility.  Working closely with the school and your child's doctor and maintaining free flowing and transparent communication is the best way to protect your child's rights.  


Remember that only you, your child's physician and your school district can work together to create an allergen exposure plan that is appropriate for your child.


For additional information, please visit the following links:
Allergy Support.org
Food Allergy Initiative

Back to School!

The first day of school is just around the corner... are you and your child ready?

If you haven't already, prepare your special needs child for the upcoming changes he or she will experience.  If you are an advocate for a child with special needs, get in touch with the family and see if they have any questions or need any help preparing the child for the transition into the new year.

Review your child's IEP!  Chances are the IEP for the upcoming school year were agreed upon sometime last spring.  A lot can change over the 90 days of summer.  Take a close look at the IEP, the goals, supports, etc. and make sure that you are familiar with everything outlined for the new academic year.  Now is not the time to request major revisions to an average IEP.  However, if there have been changes that need to be addressed such as a new diagnosis, additional needs, etc., it is important to get in touch with the school and make sure everyone is on the same page.

Many schools have an open house for students prior to the first day of school.  However, for children who have difficulty with transitions, more than one introduction to the new teacher or the new room may be needed.  If you have a child who struggles with change, contact your school and ask to arrange an additional opportunity to visit the classroom.  When you go to the school, take pictures of the classroom, the teacher, etc. and excitedly look over them prior to the first day to help create familiarity with the new environment.  Knowing what to expect can help decrease anxiety for both you and your child.  And seeing your excitement and comfort will help your child feel at ease as well!

Going back to school can be an exciting yet stressful time for every family.  Take proactive steps now to help make the process comfortable for you and your child.  You will be glad you did and though he or she may not say it, your special student will be thankful too!

Victory for Georgia Students

The following was originally written and posted on July 8 by Leslie K. Lipson, Staff Attorney with the Georgia Advocacy Office.  Many thanks to her for allowing me to share this here and for her unending advocacy efforts for Georgia's children!.  
Congratulations to all who helped and are continuing to help fight this battle for Georgia Students!


Rule Passed
July 8, 2010
Today is a historic day for Georgia public school students, as the State Board of Education voted unanimously to enact Rule 160-5-1-.35 which prohibits the use of seclusion, prone restraint, mechanical restraint, and chemical restraint. The Rule will limit the use of physical restraint to those situations involving imminent danger. Additionally, the Rule requires schools to notify parents within one school day that their child has been restrained. Before today’s historic vote, schools could restrain or seclude any student, at any time, for any reason.

The Safe Schools Initiative commends the Department of Education and the State Board of Education on this inaugural action to limit these dangerous practices. However, one key safeguard is noticeably missing: there are no provisions for reporting incidents of restraint beyond informing parents. Oversight, data collection and analysis are pivotal in identifying schools that need additional support to appropriately maintain a safe educational environment. After receiving overwhelming public support for data collection, the Board decided to withhold data collection about individual districts until the federal government mandates such practice. There is federal legislation considering the issue that is currently in committee, but the timetable and outcome are unknown. The Board publicly announced its eventual intent to collect outcome data; but the timeline, methodology, and stakeholder access to information are all unknown.

The Safe Schools Initiative is a collaborative effort of five organizations – The Georgia Advocacy Office, the Georgia Council on Developmental Disabilities, the Center for Leadership in Disability at Georgia State University, the Institute on Human Development and Disability at the University of Georgia, and Parent to Parent of Georgia – to end the restraint and seclusion of students in Georgia schools.

For more information about the Safe Schools Initiative, please contact Jenny Holland at (404) 885-1234 or jholland@thegao.org.

Restraint and Seclusion in Georgia **TAKE ACTION!!**

If you have reached this page looking for the sample letter to the GA DOE, please scroll to the bottom of this post.  YOUR VOICE NEEDS TO BE HEARD!!!

Please, help make our schools safe!

Did you know that any student in our public schools can be restrained and secluded for any reason, at anytime, by any employee of a school district, without telling the student's family?  That any student can be locked in cells in school for any length of time and no one know that it happened?  Do you want this to CHANGE?

The State Board of Education must hear from YOU!  ATTEND or WRITE THEM about how they must protect students and schools from these dangerous practices next Wednesday, June 9th in Atlanta at 1:00. TheTIME IS NOW.  

Please help us fill the room on June 9, 2010.  If you can attend, please RSVP to Rashidah Ansari at GAO at 404-885-1234 or ransari@thegao.org. 

             

If you are not able to attend in person, please write to the Board of Education to voice your concerns. A sample template is here.

The Safe Schools Initiative is hosting a press conference following the public comment (at 2:15 p.m.).  Please stay and join the crowd to show the State that you support safe learning environments for all students.

Meeting details are as follows:

The public hearing is at 1 p.m. at the Department of Education (DOE), which is located at 2053 Twin Towers East, 205 Jesse Hill Jr. Drive SE, Atlanta 30334.  The DOE is on the 20th floor.  To access the public hearing space, turn right when you get off the elevator and you will be at the room.  Below are directions, parking information, as well as MARTA information.  Parking is $5 cash.

We recommend you arrive early if you plan to make public comment.  There will be a sign-up sheet as you exit the elevator to the right.  There is a food court located in the building.  We suggest you arrive early, sign up to speak, then have lunch and return to the meeting space. 

Please note that all speakers have only three minutes to speak.  For that reason, we suggest you make a script or have notes to help you stay on track and within the allotted time.

The Floyd building is located directly northeast of the State Capitol in the block between Piedmont Avenue and Butler Street, facing Martin Luther King, Jr. Drive. Parking is available in the Pete Hackney lot on Butler Street. To access the Floyd Building, there is a bridge on the 5th level of the parking deck. Once you cross the bridge, take the stairs or elevator to the 3rd level to enter the Building.

For premium convenience, the Georgia State MARTA Station is located in the Floyd Building.

Traveling I-75/85 Southbound

Exit #248A Martin Luther King, Jr., Drive. Turn right onto Martin Luther King, turn right onto Butler Street, then right into the Pete Hackney parking lot.

Traveling I-75/85 Northbound

Exit #246 Fulton Street. Turn right onto Fulton, then left onto Capitol Avenue. Cross over Memorial Drive turn right onto Martin Luther King, Jr. Drive. Turn left onto Butler Street, then right into the Pete Hackney parking lot.

Traveling I-20 Westbound

Exit 258A Capital Avenue. Turn right onto Capital Avenue and follow to Martin Luther King, Jr. Drive and turn right. Go to the first traffic light and turn left onto Butler Street. Parking deck is on the right.

Traveling I-20 Eastbound

Exit 256B Windsor/Spring Street follow straight on this street to Central Avenue (3rd traffic light). Turn left onto Central Avenue turn right on Memorial Drive. Go to second traffic light and turn left onto Capitol Avenue. Turn right onto Martin Luther King Jr. Drive. Turn left onto Butler Street. Parking deck is on the right.

More information:

Parent to Parent: http://www.p2pga.org/index.php?option=com_content&view=article&id=92&catid=48&Itemid=66

Georgia Advocacy Office:

http://www.thegao.org/SafeSchools.htm

See Sample Letter Below.

************************************************************
June   , 2010

VIA E-Mail to ameyer@doe.k12.ga.us and US Mail


Allan Meyer
Assistant Director, Policy
Georgia Department of Education
2053 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334

RE:      Rule 160-5-1-.35 Seclusion and Restraint


Dear Mr. Meyer:

I am writing to provide feedback regarding the Rule 160-5-1-.35 “Seclusion and Restraint for all Students.”  I appreciate the opportunity to comment on the draft rule and to be involved in the development of the rule prior to its proposal.  I care about this issue because…  As such, I am committed to the development of a rule that supports schools to educate children in safe and positive environments that foster learning and growth.

I support the Department’s decision to address the issue of restraint and seclusion through the development of a rule. In particular, I support GDOE’s prohibition on seclusion, prone restraint, mechanical restraint, and chemical restraint.  The comments below are designed to impose significant limitations on the use of physical restraint and to build safeguards into the process by which school personnel use restraint on a student.

(Please choose one, all, or none of the following bulleted points.  Please add any comments you wish to share with the Department of Education).

• Physical restraint, an inherently dangerous practice, should only be used in situations of risk of serious bodily injury and is only justified based on actual behavior of the student in the time of emergency.

• Physical restraint may never be used for disciplinary purpose, convenience of faculty or staff, or as a substitute for appropriate positive teaching strategies, techniques, and supports. 

• Restraint is prohibited to those situations when less intrusive efforts are not effective and there is danger of serious bodily injury to self or to others. 

• Schools should use Positive Behavior Supports as an intervention for students with disruptive or challenging behaviors.  Early identification and intervention are key to effective utilization. 

• Physical restraint should only be applied to students by school personnel who have been trained and certified in a State-approved training program consisting of instruction not only in applying restraint, but also in de-escalation strategies and problem solving techniques.

• School systems should be required to document and report each specific instance of physical restraint on a student in their school.

• Behavioral support for students must promote the right of all students to be treated with dignity and to be educated in a safe environment. 

• Data should be collected using uniform methodology and regularly reviewed at the local, district, and state level to ensure system wide compliance and transparency.

• Data results and comparisons should be made readily available to the Department of Education, parents and other stakeholders in order to promote opportunities for training, education, and development.

• Standards of data collection concerning the use of physical restraint should be uniform across all districts.  Districts with reduced incidences in accordance with set standards should be recognized for achievement and highlighted for training opportunities; conversely, districts who fail to decrease and/or exhibit an increase in incidences of restraint and seclusion should be subject to further investigation, probation, and appropriate re-training. 

• Individual incident counts should be an integral facet of data collection in order to accurately trend schools and districts effectively and/or excessively utilizing the approved practices of restraint.  The specific nature of this collection will serve to promote accountability and awareness for administrators, facilitators, and parents.

Again, thank you for the opportunity to provide commentary on this initiated rule.  We respectfully request the School Board members resend the current rule and strengthen the accountability and enforcement provisions and reinitiate the rule in the June 2010 meeting to continue this important work.  I look forward to continuing to work with you to help keep the children of Georgia safe.

Sincerely,

Family Doe

cc:
Nancy O'Hara
Associate Superintendent
Innovative Instruction
1752 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334
nohara@doe.k12.ga.us
Debbie Gay
Director, Special Education Services
1870 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334
DGay@doe.k12.ga.us

Kim Hartsell
Director, Special Education Supports
1870 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334
khartsell@doe.k12.ga.us
Ruby Moore
Executive Director
Georgia Advocacy Office
Safe Schools Initiative
150 E. Ponce de Leon Ave., Suite 430
Decatur, Georgia 30030
info@thegao.org

Leslie K. Lipson, JD
Director, Parent Leadership Support Project
The Georgia Advocacy Office
One Decatur Town Center
150 E. Ponce de Leon Ave., Suite 430
Decatur, GA 30030
(404) 885- 1234 or 1 (800) 537- 2329 (voice or TDD)
llipson@thegao.org
www.thegao.org

Teamwork

"Alone we can do so little; together we can do so much." Helen Keller

I love this quote.  I came across it during a webinar that I attended today and it so thoroughly sums up part of my personal advocacy philosophy.

When parents, educators, and advocates come together to work through a child's IEP, they are called, "The IEP Team."  Yet all too often, it becomes a situation of "us" against "them".

Our educational systems are facing serious crisis right now.  Test scores put enormous pressure on educators.  Budget cuts further reduce already limited funding.  Class sizes are increasing and hired teachers are decreasing.  As educators struggle to stretch precious resources, parents and advocates often fear that the scales are tipping against their children.

These strains are turning what should be collaborative settings into often combative ones.

Twice in the last several days, I have been told by educators that it is "scary" to have an advocate invited to an IEP.  This was concerning to me because if advocacy is done with the child in mind and with collaboration as the goal, having an advocate in the room should be seen as a benefit rather than a threat.

I'm not suggesting that every IEP meeting should start with hugs and end with bouquets of flowers.

However, I do believe that if all of the team members come together with an open mind and a willingness to collaborate, no one should leave the room with hard feelings or a sense of defeat.

One of the first things that I do when I meet with new educators is let them know that I am there for the child.  Likewise, when I take on a case I let the parents know that while I do acknowledge that they are experts on their own children, I may not always agree with what they perceive to be best.

The bottom line is this: if your focus as an advocate - whether it be for your own child or for another child - is on collaborating as a TEAM for the best interest of the CHILD, your priorities and goals will remain in tact, no matter how difficult the situation might be.

I cannot be responsible for the thoughts and actions of others, only for those of myself.  I cannot always ensure that everyone around the table will have the same "right" focus as I have.   But I can lead by example.  I can fight tirelessly for what I believe in, as long as my focus remains pure: collaborate as a team for what is in the best interest of the child.