Monthly Archives: February 2013

FAQ: One-on-one assistants and LRE for students with disabilities

questions-and-answersFAQ:  Is having a one-on-one assistant the “most restrictive” setting for a student with a disability?

Answer:  No. The type of support that a student requires has nothing to do with the degree to which her educational placement is considered to be “restrictive” under IDEA, the Federal special education law.

IDEA requires that students with disabilities are served in the Least Restrictive Environment (LRE) where their needs can be successfully met.  The continuum of alternative educational placements that goes from least restrictive to most restrictive is based on the amount of time that the student is removed from the regular education setting and  non-disabled peers.  The continuum includes the following placement options: Regular, Resource, Separate, Separate School, Residential, Home/Hospital.  Each step along the continuum reflects less and less contact with typical children, and would be considered to be more restrictive than the ones listed before it and less restrictive than the ones listed after it.

Children can receive special education services in the regular education classroom, in a special education classroom or therapy room, or in the total school environment.  Some students receive a lot of special education services, accommodations and supports in the regular education setting and are not removed from their non-disabled peers at all.  This would still be considered to be the least restrictive placement on the continuum.

Some parents who ask about  a one-on-one assistant for their child are told that this kind of individual support would be the most restrictive setting for their child, and that moving the child into a separate classroom or separate school would actually be less restrictive.  This is simply not true, and probably reflects a lack of information on the part of the person making that statement.

If this happens to you, talk to someone who would be expected to have a greater understanding of  special education rules and regulations.  Even if you have to speak with the Director of Exceptional Children’s services for your entire school system, it will be good for them to know that there is a need to correct misinformation.  This may not get a one-on-one assistant for your child, but at least the decision would not be made for the wrong reason.  The IEP team has an obligation to consider the use of supplementary aids and services that could increase the amount of time that a child with a disability would be able to be educated with non-disabled children.

FAQ: Can I get an evaluation for a child who is in the RtI process?

questions-and-answersWhen parents make a referral to have their child evaluated to see if they need special education services, they are sometimes told that the school must first complete a process called RtI.  In North Carolina RtI stands for Responsiveness to Instruction.  In many other states RTI is short for Response to Intervention.  Either way, RtI offers a process for selecting and implementing interventions to help students who are struggling academically or behaviorally.  RtI also includes regular monitoring of the student’s progress.

Details may vary from one school system to another, but there are parts of RtI that should be present:

  • Decisions are made by a team of people who can offer a variety of  knowledge and experience.
  • Interventions should have been shown to be effective through scientific research.
  • Data is collected about how the student is responding to the interventions.
  • The student’s progress is tracked over a period of time.
  • There are multiple “tiers” and the interventions become more intensive as the student moves to a higher tier due to inadequate progress.
  • At the final tier the data collected, along with other information, can be used to determine that the student qualifies for special education services.

When done well, RtI provides an opportunity for students to get the help that they need without having to declare them students with disabilities.  This helps prevent the over-identification of students and keeps more special education resources available to those students who really do have disabilities. One possible down side of RtI is that moving through the tiers of interventions can take several months.  When a parent sees their child continue to struggle, that can feel like too much precious time is being lost.

The Exceptional Children Division of the North Carolina Department of Public Instruction has issued guidance to all school systems in the state.  Schools have been reminded that North Carolina’s Policies Governing Services for Children with Disabilities* require that when a written referral for special education services has been received, schools have a maximum of 90 days in which to complete needed evaluations, determine eligibility, and put an Individualized Education Program in place for any student who qualifies for special education services.

The 90-day time limit applies even when the student is involved in the RtI process. Period.

If you are worried that RtI will create an uneccessary delay to your child getting the special education services that you feel he needs, make a written request to have him evaluated to see if he is eligible.  Interventions are required for some categories of eligibility, but they can be implemented during the time that the evaluation will take place.

*http://ec.ncpublicschools.gov/policies/nc-policies-governing-services-for-children-with-disabilities/policies-62010.pdf