Special Education Placement

While much attention and focus among parents of children with disabilities is given to the question of “placement,” it is, for good reason, the last thing considered in the IEP process.

Once the IEP team has decided what services the child needs, a decision must be made about where services will be provided. Where they will be provided is called placement. Like all other decisions in the IEP process, parents are full members of the group deciding their child’s placement.

IDEA is extremely clear on the subject of – and the process for deciding on – a student’s special education placement. Here’s the exact language of the placement section of the law:

Sec. 300.116 Placements

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that—

1. The placement decision—
   1. Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
   2. Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118;
2. The child’s placement—
   1. Is determined at least annually;
   2. Is based on the child’s IEP; and
   3. Is as close as possible to the child’s home;
3. Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled;
4. In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and
5. A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

What is “LRE” or Least Restrictive Environment?

IDEA requires that children with disabilities be educated in the Least Restrictive Environment (LRE) to the maximum extent possible. That means that public schools must ensure the following:

• 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 nondisabled; and
• Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if 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.

The law also states unequivocally that a continuum of alternative placements must be available to meet the needs of children with disabilities for special education and related services, AND that the continuum of alternative placements must:

• Include alternative placements including instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions. This includes private schools, at no cost to parents.
• Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

IDEA makes clear that children with disabilities have a right to participate to the maximum extent possible with non-disabled peers in a range of non-academic and extracurricular services and activities, including athletics, transportation, health services, recreational activities, special interest groups or clubs, counseling services, referrals to agencies that provide assistance to individuals with disabilities, employment supports, and more. Supplementary aids and services supporting this participation must be made available.

So the IEP team’s decision-making about placement begins with the general education classroom and considering what potential aids, services and supports are needed to ensure the student’s advancing to his or her IEP goals in that educational environment. Determining what supplementary aids and services are required to do that must be made on an individual basis.

Examples of some supplementary supports and services might include:

• Supports to address the environment (e.g., preferential seating for the student; changing the set-up in the room);
• Support or training for staff;
• Planning time for staff;
• Specialized equipment (e.g., wheelchair, computer, software, augmentative communication device, utensils/cups/plates, restroom equipment);
• Pacing of instruction (e.g., breaks, more time, home set of materials);
• How subject matter is provided (e.g., taped lectures, sign language, primary language, paired reading and writing);
• Testing adaptations (e.g., read test to student, modify format, extend time).

Adapted in part from Placement Short and Sweet, Center for Parent Information and Resources >>

Resources

• New Jersey Special Education Advocacy Guide, Disability Rights New Jersey.
• The Right to Special Education in New Jersey, Ed. 2; Education Law Center.
• Parental Rights in Special Education (PRISE), 2019; New Jersey Department of Education, This is the procedural safeguards statement required in accordance with New Jersey Administrative Code (N.J.A.C.) 6A:14-2.3(g)7. An updated edition of NJ’s PRISE document is expected in 2023.
• NJDOE IEP Special Education Directories, New Jersey Department of Education, Office of Special Education. Various directories of approved agencies and clinics, bilingual child study team professionals, approved transition programs, approved private schools for students with disabilities (in state and out of state), and more.
• NJDOE IEP Development and Resources, New Jersey Department of Education, Office of Special Education. Various IEP templates and procedural forms.