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?
