School Districts’ Responsibilities to Provide Students with Disabilities with Specially-Designed Instruction and Related Services in the Least Restrictive Environment
Students with disabilities have a fundamental right to receive their special education supports in a classroom and setting that, to the maximum extent appropriate, includes students without disabilities. Under federal law, the presumption is that students with disabilities will attend the same schools they would have attended if they did not have disabilities and that removal or restriction from their regular schools and classrooms can only occur for reasons related to the student’s disability when the student’s individualized education program (IEP) cannot be satisfactorily implemented in that setting, even with the use of supplementary aids and services.
Least restrictive environment (LRE) means that placement of students with disabilities in special classes, separate schools or other removal from the regular educational environment occurs only when the nature or severity of the disability is such that, even with the use of supplementary aids and services, education cannot be satisfactorily achieved.
Questions regarding LRE may be directed to the Office of Special Education’s Policy Unit at (518) 473-2878 or speced@nysed.gov.