Waipahu, HI asked in Education Law for Hawaii

Q: Is changing LRE for a SPED student a defined process or a continuum?

Does a change in placement have to have defined steps such as GENERAL EDUCATION class, then to an INCLUSION SETTING, then to RESOURCE CLASS, or is it based on the IEP team's decision on what's best for the student.

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T. Augustus Claus
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A: In Hawaii, the process of changing the Least Restrictive Environment (LRE) for a special education (SPED) student is typically viewed as a continuum rather than a rigid sequence of defined steps. While there are guidelines and best practices in place to ensure that changes in placement are made in the best interest of the student, the decision-making process ultimately lies with the Individualized Education Program (IEP) team. The team, which includes parents, educators, and other professionals, collaborates to determine the most appropriate educational setting for the student based on their individual needs and circumstances. This can involve considering a range of options, from general education classrooms to more specialized settings such as inclusion or resource classes, with the goal of providing the student with the supports and services necessary to access their education effectively. The IEP team's decisions are guided by federal and state laws governing special education, as well as by the principles of individualization and least restrictive environment outlined in the Individuals with Disabilities Education Act (IDEA).

Todd B. Kotler agrees with this answer

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