Broward Schools--Wrong Again

[Guest guest]

Broward Schools will tell you that having a 1:1 aide in a general ed environment is not in keeping with IDEA because its "most restrictive", (vs. segregation at preschool or then at clusters.)

They are wrong, and here is a good legal discussion on the subject.:

The Role of the 1:1Aide in Facilitating InclusionBy Bonnie Yates, Esq and F. WeingardenWhen I was in Olympia, WA last month, a special education teacher told me that his District regularly tells parents that children should not have 1:1 aides in a regular ed setting because "a 1:1 aide" is the most restrictive placement.I explained to him that such an arrangement had allowed my child to never set foot in a special day class and ultimately matriculate to a four year college, so how was that restrictive? I understood, though that what he was really asking for was some legal talking points that might help the next time he encountered the argument. Those are set forth below: Question: Does the Individuals With Disabilities Education Act ("IDEA") disfavor providing a disabled child with a supporting one-to-one aide in a regular education setting on the theory that such is the "most restrictive placement"?1. IDEA imposes two obligations upon state public education systems vis-à-vis disabled children. First, the disabled have a right to an "appropriate" public education at state expense, known as "FAPE". Second, IDEA has a desegregation clause, mandating that states when feasible ensure that disabled students are educated in settings where nondisabled students are also present. In short, states cannot satisfy IDEA merely by providing the disabled with an education that is "separate but equal".2. The term "restrictive placement" nowhere appears in either IDEA or its regulations. On the other hand, the term "Least restrictive environment" is found within IDEA as the heading for its desegregation clause. Codified at 20 United States Code section 1412(a)(5), subparagraph (A) of that clause requires states to maintain policies and procedures to ensure that:To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. Question: Does the Individuals With Disabilities Education Act ("IDEA") disfavor providing a disabled child with a supporting one-to-one aide in a regular education setting on the theory that such is the "most restrictive placement"?3. The term "least restrictive environment" does not appear in the text of either IDEA or its regulations except as a heading, although the initials for that term (i.e., "LRE") do appear in the regulations' text. Case law and literature use the term "least restrictive environment" to refer, in effect, to the least segregated environment in which a student can be placed.4. As quoted above, the IDEA clause entitled "Least restrictive environment" requires that children with disabilities be educated to the maximum extent appropriate with children who are not disabled, and that removal of a disabled child from the regular education environment occur only when his disability precludes satisfactory education in regular classes even with the use of supplementary aids and services. Accordingly, IDEA clearly favors a disabled child attending a regular education setting, even when a one-to-one aide is needed for him to do so satisfactorily.5. It is thus erroneous (as well as a malapropism) to describe regular education participation with one-to-one aide support as disfavored under IDEA by virtue of being the "most restrictive placement".Bonnie Yates is a special education attorney in Los Angeles. If you like to speak with Bonnie please feel free to call her at .