by Annette Liike

Created on: September 10, 2008

Public schools are required by law to provide a Free Appropriate Public Education (FAPE) in the least restrictive environment for all students who have disabilities.

"Least restrictive environment" means that a student who has a disability should have the opportunity to be educated with their non-disabled peers, to the greatest extent possible. They should be given the opportunity to learn in a general education setting with the same curriculum, extracurricular activities, or any other program that their non-disabled peers would use. Any supplementary aids and services that the student with disabilities would need to achieve their educational goals should be provided in the general education setting.

This doesn't require that a school district provide a particular teacher or a particular setting. It only states that the student be put in a general education setting. So if you want your special needs child to attend their neighborhood school the school district is not required to allow them to attend. They are only required to give them an opportunity to learn with non-disabled peers. So if you intend to have your child in a general education placement you may be surprised to find that your student is not allowed at the school that their siblings attend.

Your school district may state that your special needs student is put into a general education setting by mainstreaming that student. They could place your child in a categorical classroom with supplementary services and allow your student to sit in a "Typical" classroom for one or two hours of a given day with the rest of the time spent in a categorical classroom for special needs students and feel that this setting is your child's least restrictive environment. If you disagree you must file a due process hearing and have a hearing officer decide. In the meantime your child must stay in the placement that they had the previous year due to the "Stay Put Clause." Of course if the district decides that the placement should be special ed based on the placement from last year and you feel it was a general education setting you are still unable to do anything immediately if they decide to put your child some where else. What you would have to do is file for a due process hearing and wait to hear what a hearing officer decides but in the meantime you are stuck with the districts manhandling.

Children with special needs deserve to have an opportunity to attend their neighborhood school if their parents feel it is the best placement. This law needs to be changed. The LRE should be the child's neighborhood school where the child would attend if the child did not have a disability. Every parent should be able to decide for themselves what is best for their child and not be at the mercy of a school district. Special Education Directors do not look out for the best needs of children they do their best to keep special needs kids in a protective needy environment with little room for growth. This may be a great placement for some kids but it doesn't work for everyone.

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