Least Restrictive Environment
THE WHAT, THE WHEN, THE HOW
Jennifer Monthie, Esq.
Disability Rights New York
Tara Moffett, Esq.
Girvin & Ferlazzo, PC
Lisa Meade
Corinth Central School District
Least Restrictive Environment
THE WHAT
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Least Restrictive Environment
 LRE is one of the guiding principles governing
education of students with disabilities;
 IDEA requires that a student who has a disability
should have the opportunity to be educated with nondisabled peers, to the greatest extent appropriate,
including;
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Access to the General Education Curriculum and Standards
Access to other programs and services
Access to transportation
Access to Extracurricular activities and services
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What is LRE?
 Least Restrictive Environment (LRE) is the setting
(1) more like where a student without a disability is
educated; (2) where a student with a disability can
receive a free appropriate public education.
 A school district must consider all supplemental aids
and services necessary for the student to achieve
educational benefit prior to recommending a more
restrictive environment.
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Least Restrictive Environment
THE WHEN
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IDEA Requires…
 Students with disabilities to be placed in the Least
Restrictive Environment (LRE) appropriate to their needs,
which means:

[t]o the maximum extent appropriate, children with
disabilities, including children in public or private institutions
or other care facilities, are educated with children who are not
disabled, and [that] special classes, separate schooling, or
other removal of children with disabilities from the regular
educational environment occurs only when 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.”
20 USC 1412(a)(5)(A).
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What does LRE Mean?
 Students with disabilities cannot be removed from
“age-appropriate regular classrooms solely because
of needed modifications in the general education
curriculum.” 34 C.F.R. 300.116(e)
 Students must be “educated in the school [they]
would attend if nondisabled,” unless the IEP
“requires some other arrangement.” 34 C.F.R.
300.116(c)
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What does LRE Mean?
 “Placement decisions must be individually
determined on the basis of each child’s abilities and
needs and each child’s IEP, and not solely on factors
such as category of disability, severity of disability,
availability of special education and related services,
configuration of the service delivery system,
availability of space, or administrative convenience.”
71 Fed. Reg. 46588
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Determining LRE
 In a Committee on Special Education
(CSE/PCSE/IEP) meeting
 The team must determine the appropriate setting for
the student while reviewing:
Student’s strengths, weaknesses, and needs (Present
Levels of Performance)
 Consider the Educational Benefits from placement in any
particular educational setting;
 Individually review these factors for each student.

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Least Restrictive Environment
THE HOW
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How Do Schools Meet LRE?
 To ensure LRE, a “continuum of alternative placements”
must be made available to meet the needs of students,
including “instruction in:
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regular class,
Special class
Special schools
Home instruction, and
Instruction in hospitals and institutions.”
 Schools must also ensure that supplemental services are
available “to be provided in conjunction with regular
class placement.”
34 CFR 300.115
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How is LRE defined?
 LRE principle in Daniel R.R. v. State Board of
Education (1989)
 Students with disabilities have a right to be included in
both academic and extracurricular programs of general
education
 IDEA does not require an all-or-nothing educational
system (either general or special education);
 School must take intermediate steps, where
appropriate, such as placing a student in some
specialized services which attending regular education
programming;
 Appropriate mix is individualized to the student from
school year to school year.
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How is LRE Determined?
 P. v. Newington Board of Education, 546 F.3d
111 (2d Cir. 2008)
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Whether education in the general classroom with the use
of supplemental aids and services, can be achieved
satisfactorily for a given student, and if not,
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Whether the school has mainstreamed the student to the
maximum extent appropriate.
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First Prong of Newington
 Whether the school has made reasonable efforts to
accommodate the child in a regular classroom;
 The educational benefits available to the child in a
regular class, with appropriate supplementary aids
and services, as compared to the benefits provided in
a special education class; and
 The possible negative effects of the inclusion of the
child on the education of the other students in the
class.
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Second Prong of Newington
 When placed outside of the general education setting
a school must:
Have available a continuum of alternative placements;
 Special classes
 Special schools
 Home instruction
 Instruction in hospitals and institutions
 State funding mechanism must not favor placements that
result in denial of the LRE requirement

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What Does Newington Require
 Student should receive the same appropriate
education and social benefit that a student without a
disability receives;
 Does not allow the education of other student’s
without disability to be negatively impacted
 Cost of supplementary services provides a safeguard
to schools so that spending is not exceeded on one
particular student.
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Least Restrictive Environment
A CASE STUDY IN PRACTICE
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Case Study
 Elementary age female student
 Social-emotional, behavioral needs
 Outside stressors
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Barriers
 Pressure from outside agencies to place
 Lack of understanding about Part 200 regulations
 Lack of community services for children
 Not following CSE process
 Balancing voices at CSE meetings
 Putting parent in the middle
 Stress on the family
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Myths
This is about money.
You don’t care about kids.
Why can’t you just do what I know is right?
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Lessons Learned
 Sticking up for kids is always right.
 Use outside resources (SED, Attorney).
 Be persistent and consistent.
 Need to stick to Part 200.
 Try not to take the negativity personally.
 Put yourself in the shoes of the parent to better
understand.
 There is no quick fix.
 Keep parent communication ongoing and open.
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Questions
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