IGBAE - Special Education - Participation in Regular Education Programs
Policy IGBAE
The district ensures that to the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students without disabilities.
Special classes, separate schooling or other removal of students with disabilities from the regular educational environment occurs only if 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. A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum.
The district ensures that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services and that the educational placement of a child with a disability is based on the child’s current Individualized Education Program (IEP), is determined at least annually, is as close as possible to the child’s home, and is made in conformity with the least restrictive environment provisions of Oregon Administrative Rule (OAR) 581-015-2240 to OAR 581-015-2255.
END OF POLICY
ORS 343.223
OAR 581-015-2040
OAR 581-015-2045
OAR 581-015-2050
OAR 581-015-2055
OAR 581-015-2060
OAR 581-015-2065
Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.114-330.118 (2006).
IGBAE-AR
- Placement of the Student
a. The placement decision for each eligible student is:
(1) Made by a group of persons, including the parents, and other persons
knowledgeable about the student, the meaning of the evaluation data and the
placement options;
(2) Made in conformity with the requirements of least restrictive environment;
(3) Determined at least annually;
(4) Based on the student’s individualized education program (IEP); and
(5) The student is educated in the school that he/she would attend if non-disabled
unless the child’s IEP requires some other arrangement or as close as possible
to the student's home if the school the student would attend if they were non-disabled
if placement to be elsewhere in the district.
b. The district ensures that:
(1) A continuum of placement options is available to meet the needs of students
with disabilities for special education and related services and to the extent
necessary to implement the IEP for each student with a disability;
(2) The continuum of placement options includes instruction in regular classes
(with special education and related services and/or supplementary aids and
services as identified on the IEP), special classes, special schools, home
instruction and instruction in hospitals and institutions;
(3) Placement options, including instruction in regular classes, special classes,
special schools, home instruction and instruction in hospitals and institutions
are available to the extent necessary to implement the IEP for each student
with a disability.
c. Placement decisions must be made in conformity with the least restrictive
environment (LRE) provisions. These provisions direct that to the maximum extent
appropriate, students with disabilities be educated with students who are
non-disabled, and that special classes, separate schooling or other removal of
students with disabilities from the regular education environment occurs only if 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. In
selecting the least restrictive environment, consideration is given to any potential
harmful effect on the child or on the quality of services which he or she needs.
Placement must be made in the school that the student would attend if not disabled
unless unique circumstances prevent this placement. A student with a disability
cannot be removed from education in age-appropriate regular classrooms solely
because of the needed modifications in the general education curriculum.
d. Placement teams, including the parent, select the least restrictive environment for
each student using the following process:
(1) Complete the IEP, including determining the student's special education and related
service, and determining the extent to which these services can be provided to the
student in the regular class.
(2) Document the names of each participant in the placement meeting. The
parent of a child with a disability and the Local Education Agency (LEA)
may agree to use alternative means of meeting participation, such as
video conferencing and conference calls.
(3) The Placement Team reviews current evaluation information. Any evaluation
information used in determining IEP placement should be identified.
(4) After reviewing the IEP and evaluation data:
(a) Identify each placement option considered. (If the Placement Team is
documenting that a regular classroom placement is appropriate to
implement the services identified on the IEP, the Team may, but is not
required to consider additional placement options that would be
considered more restrictive unless the parent requests a more
restrictive placement.)
(b) For each of the placement options considered, describe:
- The benefits of this placement;
- The possible harmful effects on the child and/or on the services in this
placement option;
- The modifications/services that were considered to reduce the potential
harmful effects.
(5) Document which placement option is selected.
(6) Provide parents with a copy of the IEP and placement determination.
(7) Provide applicable prior written notice and consent.
(a) All initial placements require Prior Written Notice and Consent.
(b) Any subsequent changes in placement, made during the subsequent
annual placement review, require Prior Written Notice. The team may
provide this notice by using a Prior Notice of Special Education Action.
(c) The district must also provide prior written notice of refusal if the parent
requests a placement that the team refuses.
2. Youth Incarcerated in Adult Correctional Facilities
a. For students otherwise entitled to free appropriate public education FAPE, the placement
team may modify the student’s placement if the state has demonstrated a bona fide security
or compelling penological interest that cannot be otherwise accommodated. The
requirements related to least restrictive environments do not apply with respect to these
modifications.
3. Nonacademic Settings
a. The district takes steps, including providing the supplementary aids and services determined
appropriate and necessary by the student's IEP team to provide nonacademic and
extracurricular services and activities in the manner necessary to afford students with
disabilities an equal opportunity for participation in those services and activities.
b. Nonacademic and extracurricular services and activities include all those available
to nondisabled students and may include:
(1) Counseling services;
(2) Athletics;
(3) Transportation;
(4) Health services;
(5) Recreational activities;
(6) Special interest groups or clubs sponsored by the district;
(7) Referrals to agencies that provide assistance to individuals with disabilities;
and
(8) Employment of students.