Can a district create their own definition of Least Restrictive Environment ?

[KathyL]

My granddaughter just started Pre-K in northern Virginia. Her IEP (originally created in DC) includes a 1:1 aide due to motor movement and other issues. Her new school district claims that removing her from an inclusive general education classroom into a special education classroom would be Least Restrictive since they feel she would not need the 1:1 aide there, or would need it less. They are defining the use of a 1:1 aide as a Restrictive Environment.

Can the district make up their own definition of Least Restrictive? Of do they need to follow the more common definition of Least Restrictive being children with disabilities educated with children who are not disabled. It seems to me that the 1:1 aide is an accommodation or support which allows the disabled child to participate in a general education class. Virginia code (8VAC20-81-130. Least restrictive environment and placements.) seems to be consistent with the more common definition.

Is Virginia code (and IDEA!) optional at the school district level?

Suggestions either way?

[Carolyn Rowlett]

Following the Virginia code and IDEA is not optional for school districts.  I have not read the Virginia code, but you are correct that removing a child from a general education classroom with accommodations into a special education classroom does not appear, from these facts, to be the least restrictive environment.  This is what we have been fighting for for decades - children with physical (and other) limitations should be educated alongside their peers to the extent possible EVEN IF accommodations are required.  This is possible in your scenario.  Sounds like the school just doesn't want to provide the 1:1 aide.  Sometimes state departments of education have a continuum graph that shows least restrictive to most restrictive.  Wherever your child falls on the continuum and can still access the educational curriculum (with accommodations) is where she should be.  See if you can get a copy of that.  Or even call the state and get an opinion.  Also, take the definitions from the Virginia code and IDEA with you to the next meeting or copy and paste into an email.  This school needs to be "schooled."