CHAPTER FOUR

LEAST RESTRICTIVE ENVIRONMENT & INCLUSION

 

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Introduction

When developing an IEP for your child, it is important to remember that your child is entitled to a free appropriate program implemented in the Least Restrictive Environment.  This chapter discusses issues for your consideration when determining placement for your child.  According to law, first consideration should always be given to placement in a general education classroom with the use of appropriate supplementary aids and services, often referred to as "supported inclusive education."

Inclusion Is A Value

We view inclusion as a value, a set of humanistic beliefs that have been encoded in federal law.  These laws clearly reflect that individuals with disabilities are valued members of society.   Inclusion is a process through which we discover our similarities, rather than our differences, and we focus on our strengths, not our weaknesses.   Inclusion does not reflect a place where special education is provided, but in a larger sense, a way of life and a way of thinking about the future of our children.  By providing our children with opportunities to have meaningful relationships and experiences within their family, school, and community lives, we are enabling them to reach their fullest potential as adults.

“My problem isn’t how I look. It’s how you see me.”

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DETERMINING THE LEAST RESTRICTIVE ENVIRONMENT FOR YOUR CHILD

The Least Restrictive Environment is defined in the New Jersey Administrative Code (6A:14- 2.10): "each public agency shall ensure that: to the maximum extent appropriate, a pupil with an educationally disability shall be educated with children who are not educationally disabled; special classes, separate schooling or other removal of a pupil with an educational disability from the pupil's regular class occurs only when the nature or severity of the educational disability is such that education in the pupil's regular class with the use of appropriate supplementary aids and services cannot be achieved satisfactorily."

Least Restrictive Placement in the Continuum
of Educational Services

Move  this way only as far as necessary	General Education with Special Education Support Services	Return this way as rapidly as feasible
	In-Class Resource Center Support and other Related Services
	Pull-Out Resource Center Support and other Related Services
	Special Classes with Mainstreaming Opportunities in Academic and Non-Academic Classes as Specified in the IEP The law mandates non-academic mainstreaming (lunch, gym, etc.) for all students unless it is clearly inappropriate for an individual student for specific reasons.
	Day Schools and Special Class Clusters
	Residential Programs Hospital Schools Home Instruction

The following questions will assist you in considering the appropriate environment for your child.

1. Where would your child attend school if he or she were not disabled?  (Does neighborhood or family isolation occur because your child does not attend the neighborhood school?)

2. What changes would have to be made at the school for your child to attend?  (Physically accessible?  Interpreter?  Transportation?)

3. What do you want for your child's future?  Difficult question, but you must have a vision to direct education.

4. What skills will your child need to have for the future you envision for him or her?  (Think in clear and simple terms: not gross motor skills, but ability to walk up stairs.)

5. What school programs and activities might help your child develop these skills?  (Example, cafeteria, tolerance of noise while eating.)

6. What supports and services are needed for your child to be involved in these school programs or activities?

7. What additional programs and activities should be developed for your child?  (Example, needs for physical therapy, speech therapy, community vocational training.)

Excerpted from Steps to Integration, Utah Parent Center, Utah.

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WHAT IS "SUPPORTED INCLUSIVE EDUCATION"?

Supported inclusive education refers to the opportunity for all students, regardless of their disability, to be educated in age-appropriate general education classes in their neighborhood school in natural proportions*.  All necessary supports are provided to students and educators to ensure meaningful participation in the total school community.

Definitions of Terms

Regardless Of Their Disability:  Inclusion looks different for every student, based upon the individual needs, strategies and resources required, and can accommodate students with the full range of disabilities.

Age-Appropriate: Placement should be in a class with students within one to two years of the chronological age of the student being included.

Neighborhood School: This refers to the school the child would attend if s/he did not have an educational disability.

Supports:  Supports can include, but are not limited to:

• curricular or instructional strategies

• peer supports

• team teaching strategies

• assistive technology

• environmental adaptations

• specialized instructional strategies

• additional adults in the classroom

• integrated and consultative related services

Supports will be different for each student dependent upon the unique needs of each student, class and district.  Inclusive education requires creative thinking in providing these supports and a redefinition of roles.  Inclusive education also involves supports for teachers:

• planning time

• training and technical assistance

• collaborative teaming

• parental involvement

• administrative support

* Natural proportions means that children with disabilities aren't lumped together in one general education class but distributed throughout all general education classes.

“Come to the edge,” he said.            They said, “We are afraid.” “Come to the edge,” he said.            They came.  He pushed them...  And they flew. - Guillaume Apollinaire

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HOW DOES INCLUSION DIFFER FROM MAINSTREAMING?

Mainstreaming

The mainstreamed student's primary placement is in a self-contained class for students with disabilities.  These students are taken out of separate classrooms for specific portions of the school day and placed in classrooms with their non-disabled peers, often with no supports or accommodations, and with performance expectations similar to those of the typical students.  Mainstreaming is offered primarily to students with mild disabilities, and often involves only non-academic subjects, such as gym, art, music and lunch. 

Inclusion

The primary placement is in the general education classroom, although instruction may also be provided in other settings based on the student's needs.  Supports and performance expectations vary based upon the student's needs and goals as stated in the Individualized Education Program (IEP).  Students may be engaged in the same activity with or without modifications, or may be engaged in parallel activities (i.e., same content area but different activity).   Inclusion has come to be preferred primarily because it connotes that students with disabilities are considered part of the general education classroom.

Anthony Fernandez, age 9 1/2

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"SUPPORTED INCLUSIVE EDUCATION" DOES MEAN:

• All students with disabilities attend their neighborhood school or the school they would attend if they were not disabled.

• Each child is assigned to a homeroom or home base in general education.

• Every student is accepted and regarded as a full and valued member of the class and the school community.

• "Special education" supports are provided within the context of the general education classroom and other integrated environments.

• All students receive an education that addresses their individual needs.

• A natural proportion (i.e., representative of the school district at large) of students with disabilities attends any school site and any classroom.

• No child is excluded on the basis of type or degree of disability.

• There is significant use of cooperative learning, peer tutoring, and peer supports school-wide.

• The building promotes cooperative/collaborative teaching arrangements.

• Parents are involved in designing and supporting the education program of their son or daughter.

• Administrators, teachers, and students learn to accept, understand and value individual differences.

• There is building-based planning, problem solving, and ownership of all students and programs.    

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"SUPPORTED INCLUSIVE EDUCATION" DOES NOT MEAN:

• Dumping children with disabilities into general education classes without the supports and services they need to be successful there.

• Trading off the quality of a child's education or the intensive support services the child may need for inclusion.

• Doing away with or cutting back on special education services.

• Ignoring each child's unique needs.

• All children having to learn the same thing, at the same time, in the same way.

• Expecting general education teachers to teach children who have disabilities without the support they need to teach all children effectively.

• Sacrificing the education of general education children so that children with disabilities can be included.    

Adapted from Evolution of the Concept of Inclusion in School Programs for Students with More Severe Disabilities, Barbara Wilcox.

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LEGAL BASIS FOR LEAST RESTRICTIVE ENVIRONMENT

Federal Laws Clearly Support the Concept of Inclusion: 

The Individuals With Disabilities Education Act (IDEA) states that "to the maximum extent appropriate" students with disabilities "are educated with [students] who do not have a disability" and that  "special classes, separate schools or other removal... 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."

Although the mandate for least restrictive environment has been in effect since 1975, implementation of this has been highly inconsistent.  Parents are using the legal process to challenge the status quo through litigation.  "To date, the four appellate courts to directly address this issue have all upheld the right of children with significant cognitive disabilities to attend regular education classes full time when the educational (academic and nonacademic) benefits for the individual disabled child call for such placement.  These decisions mark a dramatic shift in public policy and judicial interpretation of the IDEA and the weight to be given Congressional preference for educating children with disabilities in regular public school classes."  (From the Full Inclusion Court Cases*: 1989-1994 by Diane Lipton, Disability Rights Education and Defense Fund.)

Section 504 of the Rehabilitation Act of 1973 states that "no otherwise qualified" individual with a disability "shall solely by reason of his [disability], be excluded from participation in... any program or activity receiving Federal financial assistance..."

The Americans with Disabilities Act of 1990 (ADA) in Title II (Public Services) states that it is illegal for a qualified individual with a disability, by reason of the disability, to be excluded from participation in or denied the benefits of services, programs, or activities of a public entity, which includes public schools.  Public services cannot be provided in a segregated fashion simply because it is administratively or fiscally more convenient.  

"Inclusion is a right, not a privilege for a select few.  While this surely requires considerable effort on the part of educators... it is a small price to pay to increase the opportunity of individuals with disabilities to become fully functioning, productive, and co-equal members of society."

- Judge John F. Gerry, Oberti case

* One of these cases, the Oberti case, involved a student from New Jersey.

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WHY IS INCLUSIVE EDUCATION IMPORTANT?

Preparation for Adult Living:  The goal of education is to prepare individuals to be contributing members of society.  Segregated settings often cannot prepare individuals to function in integrated community and work environments because they do not afford those with or without disabilities opportunities to develop the attitudes, values, and skills required to get along with one another as interdependent members of society.  By attending their local schools, students with disabilities can practice skills in the actual community settings where they're needed and they can then develop a sense of belonging.

Improved Learning Through Peers and Greater Exposure:  Students with disabilities who are placed in general education classes have opportunities to grow socially and academically through peer models and exposure to a greater variety of experiences.

Growth for Peers:  Through having students with disabilities in their schools and classes, peers without disabilities learn to develop skills in dealing with others who are different from them.  This experience often leads to growth in their self-esteem and interpersonal behaviors, paving the way for the formation of rewarding adult relationships with a variety of people in community, home, and workplace settings.

Effective Use of Resources: When students with disabilities are educated in general education classes, special educators provide support in that setting.  This affords students the opportunity to learn from special educators, general education classroom teachers, and classmates.  The entire class benefits from the collaboration of general education and special educators; some general education educators feel they have learned from special educators more effective ways to assist all students in the class.

Friendship Development: Inclusion affords students with and without disabilities opportunities to become friends with one another.  Some of the friends that students with disabilities make in school today will be their co-workers and fellow community members as they reach adulthood.

Acceptance of Differences:  As students with and without disabilities interact as classmates and friends, opportunities arise to break down barriers and help people to understand each other better.  Inclusion can help us to create a society that accepts and values persons with and without disabilities as contributing members in all aspects of community life.

Team Building:  Successful inclusion of students with disabilities requires greater collaboration between general education and special education personnel.  This teamwork can result in improved instruction for students and improved staff morale.  The parents of the students with disabilities also become valued members of this collaborative team, sharing their dreams and aspirations for their children's futures.

Focus on Strengths:  Inclusive education programs are characterized by a focus on the student's strengths, rather than the student's deficits.  This emphasis enables the educators to look closely at areas where the student is functioning most like his typical peers, and these strengths are then used to facilitate positive interactions with classmates.

Support of Civil Rights:  The Individuals with Disabilities Education Act (IDEA) entitles all children with disabilities to free appropriate public education in the least restrictive environment.  In addition, Section 504 of the Rehabilitation Act of 1973 guarantees that people with disabilities cannot be excluded from any program or activity receiving federal financial assistance.

Adapted from Steps to Integration Parent Materials, Utah Parent Center, Utah and Institute on Community Integration, University of Minnesota, Minneapolis, Minnesota.

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