IDEA and Continuum of Special Education Services
IDEA has a presumption in favor of educating students with disabilities with those who do not have disabilities that:
a) a school system must educate a student with a disability with studentswho do not have disabilities to the maximum
extent appropriate forthe student, and
b) the school may not remove the student from the regular education class unlesshe or she cannot be educated there
successfully(in the sense that the student will benefit). The school must providesupplementary aids and support
services in the regular education class before removal is considered.
Schools must offer a continuum or range of services from more to less typical and inclusive: that is, from least to most restrictive or separated from the regular education classroom. The continuum of services is as follows:
Regular Education Resource Special Special Homebound Hospitals and
Classroom Room Classes Schools Services Institutions
Least Restrictive Setting Most Restrictive Setting
Most Number of Students Fewest Number of Students
Federal courts have held that students with disabilities have the right, to the maximum extent appropriate for each of them, to be included in both the academic and the extracurricularand other programs of general education.
If inclusion with students who do not have disabilities would not benefit a student academically or in any other way, (i.e. socialization) then including the student is not appropriate, and the school may place the student in a less typical, less inclusive program or setting.
Inclusion is not a requirement or absolute right if it is determined to not be the appropriate setting for the student. However, inclusion is the first option for consideration on where special education services will be provided.
Continuum of Placement Options and Educational “Justification”
Regular Ed.ResourceSeparate Special SeparateHomeHospitals or
Classroom RoomEd. Classroom SchoolInstructionInstitutions
As you move along the continuum for placement options from the least restrictive placement option (regular education classroom) to the most restrictive option; (hospital/institution) there are two factors involved. First, as you move from left to right across the continuum, fewer and fewer students are involved or qualify for each placement. Second, as you move across the continuum, the least restrictive environment setting becomes more restrictive. More restrictive means students in those setting are more removed from being with their non-disabled regular education peers. They become more segregated in their educational services.
The goal in a placement decision is to place students with disabilities in the regular education classroom, as much as possible, and still meet their educational needs to be successful in their educational experience. The placement of a student has to be appropriate for each child. IDEA does not require that all students be placed in the regular education classroom setting. This is the first option to be considered by the IEP team, but it is not required to be an “appropriate placement decision.” Conversely, it is not appropriate to decide that any student with an IEP should automatically be removed from instruction in the regular education classroom.
The IEP team is to make the placement option decision after it has been decided what are the educational goals and the necessary accommodations and services a student needs to be as successful as possible. Perhaps the key question the IEP team is answering in a placement option decision is: “Where does this student need to be served to receive the maximum appropriate educational benefit for what has been developed in the IEP?” The IEP team has to be able to justify why it determined an educational placement decision was the most appropriate, if the student is removed from the regular education classroom for any part of the school day. This means all individuals, including regular and intervention educators who sign the IEP, have to be aware of the justification reasons and not take the attitude that it was decided without your knowledge or understanding.
The following statements/reasons below are not allowable or appropriate to justify why a student with an IEP would receive special education services outside of the regular education classroom.
- The regular education teacher is not trained to work with students who have IEPs.
- The regular education teacher does not have sufficient time to provide
addition instructional time to students with special needs.
- The intervention specialists will provide special education instruction in the resource
room to the student because that teacher is trained for the student’s instructional or
behavioralneeds.
- The regular education teacher will not accept students with IEPs in their classroom.
- The student will receive special education services in a resource room setting.
- The student will not be in the regular education classroom full-time and will receive special education services for part of the day in a resource room or separate classroom setting.
These examples to “justify” why special education services outside of the regular education classroom setting were necessary do notgive reasons which are appropriate. The fact that a regular education teacher believes he/she is not trained to serve special education students is not going to be an acceptable reason for separate special education services by an intervention specialists in a location outside of the regular education classroom. Additionally, there is no reason provided if the IEP documentation just states: “The student will be in regular classrooms and in a resource room setting for instruction.” The information provided only describes the two settings the student will be in for instruction. The why or justification information for the removal to the resource room is missing. That information being documented is the question being asked for on the IEP.
However, clearly many students with IEPs will need instruction both in the regular education classroom setting and in a more restrictive setting such as a resource room with intervention specialists. This placement decision is often very appropriate. However, why it is appropriate has to be explained or “justified” on the IEP, currently in section 11 of the IEP form.
When a district has to justify the more restrictive placement option for the student, you are being asked to provide a reason(s)why is it necessary to remove the student from the regular education class for instruction. The question the IEP team is answering is: Why can’t the student remain in the regular education classroom even with accommodations and services provided by the regular teacher and/or the intervention specialists?
Therefore, the following types of responses would be appropriate to justify why removing the student from the regular classroom was educationally necessary.
- Due to the student’s inability to understand and/or follow both written and oral instructions given by the regular education teacher, Robert will needadditional instruction time by the intervention specialists in the resource roomto support his successful participation and achievement in the core curriculum for reading and mathematics.
- Sandy is not able to stay on task and often misses instruction or is confused by what is being taught in the regular education classroom, even with the provided accommodations. She requires more instructional time by the intervention specialistin the resource room where distractions are reduced and instruction is provided in a small group setting to help her acquire the academic content.
- With Allan not being able to read the grade level material being presented in the regular education classroom, even with accommodations, he will be served part of the school day in a resource room by the intervention specialist to address his reading needs and to support his successful participation in the core curriculum.
- John’s behavior becomes aggressive and agitated when he is in a regular education classroom for complete periods of instruction. Therefore, he needs to be removed to a separate classroom setting for most of the instructional day to help him manage his behavior difficulties and to receive additional instruction supports.
A school IEP team makes many important decisions for students with disabilities. The team’s primary concern is to ensure that the student is provided an appropriate educational program to prepare them for life. Thus, any decision to remove a student from their peers and the benefits of instruction given by regular education teachers is a major change in their educational experience. Hence, “justify” is part of the IEP documentation.