Special Education Placements
Children's Rights
If parents have concerns about whether their child is in an appropriate educational placement, they should begin by becoming familiar with
their child's rights and public school obligations.
IDEA, The Individuals with Disabilities Education Act,was created in the U.S. in 1975 to ensure
that children with disabilities would not be
excluded from public schools.
There are two aspects of this law, “FAPE” and “LRE,” that are relevant to finding the right special education services and placement for your child.
1. Free Appropriate Public Education (FAPE) – Schools must provide education for children with disabilities that is:
*Free: Parents don’t have to pay for special education services. *Appropriate: Instruction must be tailored to the student’s unique needs, be “appropriately ambitious” or challenging, and result in “meaningful progress” (more than just “minimal benefit,” which was the legal standard prior to 2017). *Public: Education must be provided, and paid for, by the public school system. *Education: The school must offer instruction that is individualized for each student. FAPE also guarantees a student’s right to be a full participant in the life of the school - including extracurricular activities. For example, if a student needs additional services or an aide to attend a field trip, dance, or after school club, then this is guaranteed by law.
2. Least Restrictive Environment (LRE) – Students with disabilities should be educated alongside peers without disabilities whenever appropriate.
The term "Least Restrictive" refers to children with disabilities being included in classrooms with nondisabled peers and not separated due to their disability. This is to prevent segregating or excluding children with disabilities from inclusive or mainstream classrooms. For most children with disabilities, the Least Restrictive Environment is the general education classroom at the local public school. However, the law requires that schools ask: What is the LRE for each child? For example, the Least Restrictive Environment for a child who requires 24/7 professional support is a residential school. LRE is based on the child’s needs, not their disability. This means that schools cannot automatically place a child with autism in a separate autism classroom, just because of their diagnosis. Schools cannot take a one-size-fits-all approach when teaching students with disabilities and must consider their individual needs.
Summing it Up: "FAPE in the LRE"
A phrase that is commonly used to summarize children's educational rights is:
Children have a right to "FAPE in the LRE,"
a Free Appropriate Public Education in the Least Restrictive Environment.
Learn about all six guiding principles of IDEA (Individuals with Disabilities Education Act):
