Least Restrictive Environment (LRE) Statement
The federal setting is the amount or percentage of time that a student spends in special education away from his/her nondisabled peers. The federal setting relates to the amount of time that the student’s “body” is in general education even if the student has a teaching assistant or special education teacher working with him or her. Likewise, federal setting relates to the amount of time that the student’s “body” is in special education settings such as a resource and separate classrooms (e.g., Paired Resource Room, Eisenmenger, Bridge View, ECSE classroom, etc.)

When developing the LRE statement, always start with a team discussion about whether the student’s needs can be met in federal setting 1 with less than 21% of school time in special education (e.g., speech clinician’s therapy room, LD room, SW office, etc.) Even if the student currently receives service in federal setting 2 or 3 or more, always begin the discussion with the least restrictive environment, federal setting 1.

The reasons why a student requires special education services outside of the general education classroom must be based on the special education needs of the student. The nature and/or severity of the disability must be such that the student can only make progress on IEP/IIIP goals and objectives by being removed from the general education classroom. The LRE statement should describe student needs that require removal from general education.

Federal Setting 1

The IEP team discusses the student’s special education needs to determine whether the needs can be met in federal setting 1. The IEP team determines that the student can participate in the general education setting for all activities and classes other than special education services (SW, LD, OT, etc.) that total less than 21% of the total school time.

Write a LRE statement that describes the reason why the student is removed from the general education classroom up to 21% of the total school time such as:

• Student needs a quiet environment to hear, learn and produce articulate speech sounds.
  
• Student needs additional practice with frequent adult direction to learn math concepts.
  
• Student needs to discuss personal stressors that interfere with behavior self-control and review appropriate social skills at school within a private setting.

Federal Setting 2

The IEP team has discussed meeting the student’s special education needs in federal setting 1 (less than 21% of the school day removed from general education for special education). The discussion should identify student needs related to his or her disability that require more special education services out of general education. The team determines that the student’s needs can be met with special education service outside of the general education classroom for 21% to 60% of the total school time.

Write a statement that describes the reason why the student must be removed from the general education classroom for 21% to 60% of the total school time such as:

• Student needs small group instruction that breaks classroom assignments down into smaller steps, allows for frequent review of materials and builds in individualized organizational strategies for work completion.
  
• Student’s pattern of aggressive behavior can pose a threat to his or her safety and the safety of other students in general education. Student needs specialized, direct instruction and practice of social skills on a daily basis.

Federal Setting 3

The IEP team has discussed meeting the student’s special education needs in federal setting 1 and federal setting 2. The IEP team determines that the student’s needs can be met with special education service(s) outside of the general education classroom for more than 60% (or approximately 4 hours per day).

Write a statement that describes the reason why the student must be removed from the general education classroom for more than 60% of the total school time such as:

• Student shows a daily pattern of aggressive behavior that can pose a threat to his or her safety and the safety of other students in general education. Student needs an individualized behavior intervention program that provides immediate feedback on behavior and provides social skills instruction across the school day.

• Student has severe academic deficits in math, reading and written expression. Student needs adapted curriculum, specialized instruction with extended practice and review to learn new skills.

• Student has severe cognitive and adaptive delays that require alternative instruction to develop functional communication, daily living and social skills.

In general, federal settings 1, 2 and 3 are the typical public school “environments” for students receiving special education. Follow the same guidelines as described above to determine other federal settings. Check with resource staff or Compliance Assistants for assistance with LRE statements for other settings or “environments”.