Code: IDDF (7)
160-4-7-.07 LEAST RESTRICTIVE ENVIRONMENT (LRE).
(1) LRE REQUIREMENTS.
(a) Each LEA shall have policies and procedures to ensure that to the maximum
extent appropriate, children with disabilities, including children in public or private
institutions or other care facilities in Georgia shall be educated with children who are
not disabled. [34 C.F.R. § 300.114(a)(2)(i)]
(b) Special classes, separate schooling or other removal of children with disabilities
from the regular class environment shall occur only when the nature or severity of the
disability is such that education in regular classes with the use of supplementary aids
and services cannot be achieved satisfactorily. [34 C.F.R. § 300.114(a)(2)(ii)]
(2) DETERMINING EDUCATIONAL PLACEMENTS.
(a) In determining the educational placement of a child with a disability, including
a preschool child with a disability, each LEA must ensure that the placement
decision:
1. Is made by a group of persons, including the parents, and other persons
knowledgeable about the child, the meaning of the evaluation data, and the placement
options; and
2. Is made in conformity with the LRE provisions contained in this rule. [34
C.F.R. § 300.116(a)(1) – (2)]
(b) The child's placement is determined at least annually, is based on the child's
IEP and is as close as possible to the child's home; [34 C.F.R. § 300.116(b)(1) – (3)]
(c) Unless the IEP of a child with a disability requires some other arrangement, the
child is educated in the school that he or she would attend if nondisabled; [34 C.F.R.
§ 300.116(c)]
(d) In selecting the LRE, consideration is given to any potential harmful effect on
the child or on the quality of services that he or she needs; and [34 C.F.R. §
300.116(d)]
(e) A child with a disability is not removed from education in age-appropriate
regular classrooms solely because of needed modifications in the general education
curriculum. [34 C.F.R. § 300.116(e)]
(3) CONTINUUM OF ALTERNATIVE PLACEMENTS.
160-4-7-.07-2 LEAST RESTRICTIVE ENVIRONMENT (LRE)
(a) Each LEA must ensure that a continuum of alternative placements is available
to meet the needs of children with disabilities for special education and related
services. [34 C.F.R. § 300.115(a)]
b) The above continuum must -
1. Include the alternative placements listed in the definition of special education
(instruction in regular classes, special classes, special schools, home instruction, and
instruction in hospitals and institutions); and
2. Make provision for supplementary services (such as resource room or itinerant
instruction) to be provided in conjunction with regular class placement. [34 C.F.R. §
300.115(b)(1) – (2)]
(c) Preschool placements include:
(1) A regular education early childhood program in the public school or community
(such as Head Start, Bright from the Start Pre-Kindergarten, public or private
daycare), and preschool programs with special education services delivered as;
(i) Additional supportive services. The child remains in a regular early childhood
program with supplementary aids and services provided to the teacher and/or child to
implement the IEP. The services provided may be from personnel such as
paraprofessionals, interpreters, or others.
(ii) Direct services:
(I) The child remains in a regular early childhood program with direct services from
special education personnel utilizing a consultative, collaborative or coteaching
model.
(II) The child is in the regular education early childhood program but special
education and related services are provided outside a regular education early
childhood program.
2. Placements for children not attending a regular early childhood program:
(i) A separate special education program housed in the public school or in a
community-based setting, in a separate school or residential school or facility;
(ii) A program provided at home as a natural environment;
(iii) A program provided through service providers in their offices; or
(iv) Any combination of the above and/or other settings based on the child’s IEP.
(d) School age placements:
1. General education classroom with age-appropriate non-disabled peers, if
required by the IEP:
(i) Additional supportive services. The child remains in regular classroom with
supplementary aids and services provided to the teacher and/or child to implement the
IEP. The services provided may be from personnel such as paraprofessionals,
interpreters, or others.
(ii) Direct services. The child remains in the regular classroom with direct services
from special education personnel on a consultative, collaborative, or co-teaching
basis.
2. Instruction outside the general classroom for individuals or small groups.
3. Separate day school or program.
4. Home-Based instruction may be used as a short-term placement option on
occasions when the parent and LEA agree at an IEP meeting with the following
considerations:
(i). A free and appropriate public education(FAPE) is provided and includes access
to the general curriculum and an opportunity to make progress toward the goals and
objectives included in the IEP;
(ii) home-based services must be reviewed no less than quarterly by the IEP team;
and
(iii) all IEPs that require home-based placements will include a reintegration plan
for returning to the school setting.
5. Residential placement in-state or out-of-state.
6. Hospital/homebound instruction program (HHB) is used for students with
disabilities who are placed in a special education program and have a medically
diagnosed condition that will significantly interfere with their education and requires
them to be restricted to their home or a hospital for a period of time. The LEA shall
provide hospital/homebound instruction to students with disabilities, under the
requirements found in Georgia rule 160-4-2-.31 Hospital Homebound Services.
(4) NONACADEMIC SETTINGS.
(a) Extracurricular services and activities, including meals, recess periods, and
other services and activities, each LEA shall ensure that each child with a disability
participates with nondisabled children in the extracurricular services and activities to
160-4-7-.07-4 LEAST RESTRICTIVE ENVIRONMENT (LRE)
the maximum extent appropriate to the needs of that child. The LEA must ensure that
each child with a disability has the supplementary aids and services determined by the
child's IEP Team to be appropriate and necessary for the child to participate in
nonacademic settings. [34 C.F.R. § 300.117]
(b) Each LEA must ensure the provision of supplementary aides and services
determined appropriate by the IEP team in order to allow children with disabilities an
equitable opportunity for participation in nonacademic and extracurricular activities.
(c) Nonacademic and extracurricular services may include counseling services,
athletics, transportation, health services, recreational activities, special interest groups
or clubs sponsored by the LEA, referrals to agencies that provide assistance to
individuals with disabilities, and employment of students, including both employment
by the public agency and assistance in making outside employment available [34
C.F.R. § 300.107]
(5) CHILDREN IN PUBLIC OR PRIVATE INSTITUTIONS.
(a) The LEA shall assure that no child with a disability placed by the LEA in a
public or private institution is denied access to an education in the LRE, except for
those students in adult prisons as described in 160-4-7-.02 FREE AND
APPROPRIATE PUBLIC EDUCATION. [34 C.F.R. § 300.118]
(b) The LEA responsible for the education of a child with a disability who is
enrolled in a separate facility shall ensure that the child receives appropriate physical
education services. [34 C.F.R. § 300.108(d)]
(6) TECHNICAL ASSISTANCE AND TRAINING ACTIVITIES.
(a) Each LEA must carry out activities to ensure that all teachers and
administrators are fully informed about their responsibilities for implementing LRE;
and
(b) Are provided with technical assistance and training necessary to assist them in
this effort. [34 C.F.R. § 300.119(a) – (b)]
Authority O.C.G.A. § 20-2-152; 20-2-240.
Adopted: March 11, 2010 Effective: March 31, 2010