1) The document discusses guidelines for placing special education students in the least restrictive environment (LRE) according to NYSUT. The LRE aims to educate students with non-disabled peers while still providing needed supports. 2) A team including parents, teachers, and therapists determines the service delivery and educational placement for each student. Parents must agree to any decisions. 3) Several court cases established laws requiring students receive a free and appropriate public education in the LRE. Parents of Student X want to move their daughter from a special education class to a general education setting with supports.

1. Least Restrictive Environment
The following information that will be provided is based on The NYSUT’S (New York
State United Teachers) guidelines on least restrictive environment for Special Education
Students.
1. The Special Education Coordinator’s definition of Least Restrictive Environment
Is for the Special Education student to be included in a less restrictive
environment that will allow that student to be with regular education students in a
regular classroom. The student will have all of the provisions of a Special
Education student but will also have the benefits of being with students that are in
a regular education class. The student will also have every opportunity to be part
of a regular education curriculum Inclusion is considered when the student
demonstrates the cognitive skills to fuction in General Education..
2. The service delivery is determined by The Committee on Special Education
(CSE) or by a team that consists of the School psychologist, Physical Therapist,
Occupational Therapist, Speech Therapist and Special Education Teacher. The
Special Education Coordinator is also part of the meeting. The Occupational
Therapist and Physical Therapist would be present depending on the student’s
physical abilities for the purpose of this paper the student has physical challenges
and some cognitive deficits.
3. The parents are part of the team from the beginning because no decision can be
made without there input. When a student enters Special Education an
Individualized Educational Plan(IEP) is written and all of the team members have
to write goals for the students. The parent doesn’t have to agree to any of the
goals and if the parent wants any part of the IEP to be changed the team members
have to comply. If a parent feels that it is time for their child to be placed in a less
restrictive environment they have the right to call a team meeting requesting a
review.
4. There have been incidences where parents have had to go as far as an impartial
hearing with the district to get there children placed in a less restrictive
environment. This information was taken from ESE504 Methods and Materials in
Special Education. In 1988 there was a court case Honig vs. Doe the case was
based on children with disabilities may not be excluded from school for
misbehavior. In 1994 Board of Education of Sacramento California: Least
Restrictive Environment-four factors including the needs of all children in the
school that must be considered for FAPE. There were earlier cases that led up to
the rules and guidelines that now exist for least restrictive environment. In 1984
Dept of Ed vs. Katherine D Home bound is not Least Restrictive Environment.
1979 Mattie T. vs. Holladay (Mississippi) State must revamp assessment to be fair
to minority students and assess in a timely fashion. In each case the court cases

2. that resulted from these discriminatory practices led to fair educational standards
for the students involved and other students that came after.
5. Teacher requirements for New York State are as follows: Initial Certificate is the
entry level certificate and it is issued for a specific subject and grade level. This
certificate is valid for five years. This certificate can be held by a candidate with a
Bachelors degree. Teachers must eventually hold a Masters degree in five years.
The Conditional Initial is a certificate for teachers who hold a certificate that is
the equivalent from another state but they have not yet met NYS certification. The
person that holds this type of certification has two years to meet the testing
requirements for the Initial certificate.
6. Professional Certification: Is the second-level teaching certification. The holder of
the Initial Certification must apply to New York State Department of Education
for the Professional Certification. The teacher that holds this certificate is
qualified to teach in New York State and the requirement is the same for Special
Education and Regular Education. The holder of The Professional Certification
must complete 175 hours of Professional Development every five years to keep
this certificate valid.
This essay is based on the questions and answers above that apply to the
following student who is being considered for a Least Restrictive Environment.
Student X is 14 years of age she is classified with Spastic Cerebral Palsy (high tone
stiff limbs) she is verbal but her speech is very dysarthric(slow and labored). Her
parents feel that she would do better academically in a non-special education
environment. The parents are aware that their child has Special needs and they want a
special educator to be part of her education plan. They want her to continue with her
IEP (individualized Education Plan). The parents also want her to continue with her
services: Speech Therapy, Occupational Therapy, and Physical Therapy. They feel
that a Least Restrictive Environment will benefit their child’s education and self
esteem. Based on some court cases that were mentioned above and consultations that
the parents have had with their lawyers they know that they have a chance to win the
opportunity for their child to be placed in a less restrictive environment. They are also
aware of state laws and what they mean for their child’s education.
Since the Education for all Handicapped Children Act was passed in 1975 school
districts have required that all students regardless to disabilities have the right to a
free appropriate public education (fape). That law also applies to Student X
cognitively she is able to function with regular education students in spite of her
physical limitations and she has a right under The IDEA law to be given that
opportunity. The parents of student X are also aware that in May of 1994 the Board of
Regents approved the Least Restrictive Environment Implementation Policy Paper
This paper describes how school districts and the state are to implement federal and
state requirements relative to the education of students with disabilities in the least
restrictive environment. This policy paper along with IDEA New York State

3. education reform efforts initiated in 1975 establishes a state wide goal to: Assure that
students with disabilities are educated in settings with their non-disabled peers to the
maximum extent appropriate to their individual needs.
The Special Education Teacher must meet with the General Education teacher
on a regular basis to insure that the education of the disabled student in a less
restricted environment is successful. Student X uses a Dynavox which is a very
sophisticated communication device. This device is used by the student even though
she is verbal. Student X’S speech is very slow and labored and frequently is
unintelligible to the listener. This device allows her to communicate intelligibly. The
Special Education teacher must get together with the General Education teacher to
train her on how to use the device and on how to encourage student X to use the
device during classroom and social time in her classroom with staff and peers.
Student X will also continue with all of her IEP mandated services and these service
providers must meet wit the General Education teacher at least once a week to make
sure that her goals are being implemented and met in the classroom. The ideal
situation would be for the service providers to push into the classroom and work with
the student and the General Education Teacher toward meeting Student X’s goals.