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Inclusion for Preschoolers
The Asperger's Express has received many letters from parents
of preschoolers whose first experience with the IEP process was virtually
identical to our own. (See Advocate In
Training for our initiation into the world of Special Education.) Most
often, a child, who may already be attending a regular preschool program, was
evaluated by a child study team and the parent was told their child was
"eligible for classification as preschool handicapped." (There is only
one eligibility classification in NJ for preschoolers.)
While a finding of eligibility is usually exactly what the
parents are expecting, they are often surprised and dismayed by what comes next.
Since school districts rarely operate regular preschool programs for
non-disabled children, they have a tendency to recommend placement in one of the
most restrictive environments possible, the "self-contained
classroom," for virtually all of their eligible preschoolers. In many
cases, self-contained classroom placements are recommended to parents of
preschoolers even before a IEP meeting is convened, a practice which is in
itself a violation of the NJ Special Education Code.
In a memo
issued first in August of 1995 and again in May of 1999, the director of the NJ
Office of Special Education Programs, Barbara Gantwerk, attempts to clarify the
meaning of LRE Placement. She writes
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The placement of students with disabilities ages
three through 21 in appropriate settings has been an integral part of
the Individuals with Disabilities Education Act (IDEA) since its
enactment. Three basic principles are included in the federal mandates.
These are:
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Placement is based on the student 's
individualized education program; |
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Placement is in the least restrictive
environment; and |
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A continuum of alternative placement options is
available to all students with disabilities. |
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One parent we know received the enrollment forms for her
district's self-contained preschool in the same envelope that contained the
appointment confirmation for her IEP meeting. In our case, the offers of
eligibility and placement were made immediately following Katie's evaluation,
even before any of the evaluators had written their reports. If it is a
requirement that placement decisions are based solely on the child's IEP, then
the Asperger's Express wonders how the preschoolers in the above two examples
were offered placements at a time when no IEP existed.
We should also point out that both of these children were
offered one and only one placement. Their parents were given the distinct
impression that, unless they agreed to the self-contained classroom, their
children would receive no services whatsoever. What happened to the
"continuum of alternative placements?"
The Gantwerk memo goes on to address the question of
preschoolers directly. (The highlights are ours.)
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The requirements for placement in the
least restrictive environment and the same decision-making process also
apply when considering placement for a preschool age child with
disabilities. However, many school districts do not operate preschool
programs for non-disabled children and special education law does not
require school districts to establish such preschool programs to meet
the requirements for placing a preschooler with disabilities in the
least restrictive environment. This perceived inconsistency has raised
many questions regarding a practical approach to addressing this issue.
As with any student with a disability,
the determination of whether a placement is more or less restrictive is
based on the opportunity to be educated and interact with non-disabled
peers. For school age students with disabilities, this placement is in
the regular education class operated by the district of residence. In
the case of a preschooler with disabilities, there may be no comparable
option because the district does not operate a preschool program for non-disabled
children. Therefore, it is
important to note that for preschoolers with disabilities, placement in
a regular preschool program in another district or in a privately
operated program in the local community is a less restrictive placement
option than the district’s self-contained preschool disabled classroom.
To promote preschool placement in the
least restrictive environment, a provision was added to the special
education code. According to N.J.A.C. 6A:14-4.3(c), preschoolers with
disabilities may be placed in a private early childhood program, if
appropriate, to provide the opportunity for education and interaction
with non-disabled preschoolers. The program must be licensed or approved
by a governmental agency; the program must be nonsectarian. The district
must assure that the student’s IEP can be implemented and any special
education or related services must be provided by appropriately
certified and/or licensed professionals. Paraprofessionals may be used
to provide services, when appropriate, in accordance with N.J.A.C.
6A:14-3.9(a)4 or N.J.A.C. 6A:14-4.1(e).
The
discussion regarding placement for all preschool age students with
disabilities must begin with consideration of a regular classroom
program with supplementary aids and services. When the IEP team
determines that a regular class placement is needed to provide a free,
appropriate public education, all efforts must be taken to locate
appropriate regular classroom settings where the student’s IEP can be
implemented. The department recognizes that barriers exist across the
state that prevent districts and parents from placing preschoolers with
disabilities in regular classroom settings when that is the agreed upon
placement. The department is working with other state agencies, parents,
school districts and early childhood providers to assure that the
barriers to appropriate regular class placements for preschoolers are
eliminated. |
"This is all we have?"
LRE placement is the Law for preschoolers,
too, and there is no valid excuse for any school district to place a preschooler
in a more restrictive environment than his or her needs indicate. If you are a parent
of a preschooler and you have heard statements such as "Well, this is all we have
available" or "We have to stay within the district," then you are
probably about to hear a placement recommendation based on convenience for the
district and not based on your child's needs.
The Asperger's Express recommends that parents who find
themselves in situations similar to those we have described here, and who would
like their preschoolers to be educated with their non-disabled peers, to insist
that their school districts comply with NJ's LRE requirement. We have provided a
copy of the entire memo
that we quote from here to help you advocate for your child. The Asperger's
Express also offers advocacy consulting services for an hourly fee to Central NJ
parents who request them.
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