What District's Get Wrong About The "LRE" And How to Combat The "Try and Fail First" Mentality

The "Least Restrictive Environment" refers the obligation of a District to educate Students with non-disabled peers to the greatest extent possible. Districts often misinterpret its meaning and require Students to try every "less restrictive" placement first before placing them in a technically "more restrictive" one. This "Try and Fail First" mentality often interferes with a Student's ability to access a meaningful education. This begs the question: How can a Parent respond to this and advocate for their child to be appropriately placed?

Prior to the passing of the Individuals with Disabilities Education Act, students with disabilities were often secluded from their non-disabled peers. The concept of the Least Restrictive Environment was developed to avoid this.

To understand the LRE, you also have to be aware of the continuum of placement options. Each District must ensure that it has several different types of environments (or placements) available for educating disabled students. The more access any environment has to non-disabled peers, the less restrictive it is.

The general education setting is the absolute "least restrictive environment" because in that setting, a disabled student has complete 100% access to their non-disabled peers. A special day classroom on a general education campus would be the second least restrictive because while that Student spends the majority of their time with disabled peers, they do have access to mainstreaming opportunities. Additionally, they are on a campus with their non-disabled peers. A non-public school would be considered one of the most restrictive environments because the Student is on a campus with only disabled peers and has no access to non-disabled peers.

How Districts Misapply the LRE

Sometimes, though, Districts take the LRE mandate too far. If your Student is struggling in the traditional public school campus and requires a more specialized environment, such as a non-public school, the District might argue that they cannot place your child there because it's not the "least restrictive environment." However, just because any placement might be technically more restrictive does not mean that your child cannot be placed there.

Importantly, the LRE mandate requires special education students to be educated with non-disabled "to the maximum extent appropriate." 20 USC §1412(a)(5)(A). This means your child's ability to access their education comes first. If a Student cannot access their education in a less restrictive placement, then they are entitled to a more restrictive one.

Districts might also argue that before being placed in a non-public school, your child must first try the special day class, since that is technically less restrictive. Then, if your student does not do well there, it would revisit the non-public school placement. This "try and fail first" mentality is explicitly rejected under the IDEA. Seattle Sch. Dist. No. 1 v. B.S., 82 F.3d 1493, 1501 (9th Cir. 1996).

How to Respond to this "Try and Fail First" Mentality

If the District tries to argue that it can't place your student in a certain placement simply because it's "not the LRE", you can press them on it by asking them questions. "What is the LRE?"; "What potential harms would come from the lack of my child's access to their general education peers?" Come prepared to the IEP meeting with examples of how the benefits of the preferred placement outweigh the potential harms.

If the District uses the "try and fail first" mentality, respond with reasons why the proposed placement would result in failure. Emphasize your concern that the District is proposing placing your child in an environment where they are certain to not access their education.

Unfortunately, despite your best efforts, the District might not change its mind. In that case, you may need to consider filing for due process. Whether you need IEP advocacy to help you navigate the LRE discussion at the IEP meeting or you think you are ready to file due process against your district, our office is here to help.