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Adoption Date: 9/1/2012
Regulations - Regulations


7615R LEAST RESTRICTIVE ENVIRONMENT

Definitions

 

1)     "Least  restrictive  environment"  is  the  legal  mandate  of  the  Individuals  with  Disabilities Education  Act  (IDEA)  and  begins  with  the  premise  that  students  with  disabilities  should participate in the general education curriculum as appropriate, with transfer to more restrictive educational settings taking place only where such removal is necessary to carry out the student's education program.

 

Removal from the regular educational environment will occur only when the nature or severity of a student's  disability  is such that  even  with the  use of supplementary  aids  and services, education in a regular classroom setting cannot be satisfactorily achieved.

 

To enable students with disabilities to be educated with nondisabled students to the maximum extent appropriate, specially designed instruction and supplementary services may be provided in the regular class including, as appropriate, related services, resource room programs and special class programs within the general education classroom.

 

2)     "Related  services"  means  developmental,  corrective,  and  other  supportive  services  as  are required to assist a student with a disability and includes speech-language pathology, audiology services, interpreting services, psychological services, physical therapy, occupational therapy, counseling  services  (including  rehabilitation  counseling  services),  orientation  and  mobility services,  medical  services  as defined  in Commissioner's  Regulations,  parent  counseling  and training, school health services, school nurse services, school social work, assistive technology services, appropriate access to recreation (including therapeutic recreation), other appropriate developmental or corrective support services, and other support services. Related services also include the early identification and assessment of disabling conditions in students. The term does not include a medical device that is surgically implanted, the optimization of the device's functioning (e.g., mapping), maintenance of that device, or the replacement of such device.

 

3)     "School health services" means health services provided by either a qualified school nurse or other qualified person that are designed to enable a student with a disability to receive a free appropriate public education (FAPE) as described in the individualized education program (IEP) of the student.

 

4)      "School  nurse services"  means  services  provided  by a registered  professional  nurse that  are designed  to enable a student  with a disability to  receive a free appropriate  public education (FAPE) as described in the IEP of the student.

 5)      "Specially-designed  instruction"  means  adapting,  as  appropriate  to  the  needs  of  an eligible student  with disabilities, the  content, methodology,  or delivery  of instruction  to address  the unique needs that result from the student's disabilities; and to ensure access of the student to the general education curriculum, so that he/she can meet the educational standards that apply to all students.

 

6)      "Supplementary aids and services" means aids, services, and other supports that are provided in regular        education   classes,   other   education-related   settings   and   in   extracurricular   and nonacademic  settings  to enable  students  which  disabilities  to  be educated  with  nondisabled students to the maximum extent appropriate in accordance with the least restrictive environment.

 

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Accordingly,  the  Committee  on  Special  Education  (CSE)  and/or  Committee  on  Preschool Special Education (CPSE), as applicable, shall determine, and the Marcus Whitman Central School District  shall  provide,  the  accommodations,  modifications,  supports,  and  supplementary  aids  and services  needed  by  each  student  with a  disability  to  be  involved  in  and  progress  in  the  general education  curriculum,  achieve  the  goals  of  the  Individualized  Education  Program  (IEP),  and participate in State and District-wide assessments.

 

Individualized Education Program

 

In  developing  the  recommendations  for  an  IEP  for  a student  eligible  for  special  education services, the CSE or CPSE, as may be applicable, shall indicate, among other considerations/factors, a statement of the program modifications or supports for school personnel that will be provided for the student:

 

1)      To advance appropriately toward attaining the annual goals;

 

2)     To be involved and progress in the general education curriculum and to participate in extracurricular and other nonacademic activities; or, for preschool students, as appropriate, participation in appropriate activities;

 

3)      To  be  educated  and  participate  with  other  students  with  disabilities  and  nondisabled students in such activities.

 

The IEP  shall  also  indicate  the  regular  education  classes in  which the  student  will receive consultant teacher services.

 

 In conformity with the least restrictive environment provisions of law and regulations:

 

1)     Placement shall be based on the student's IEP and determined at least annually;

 

2)     Placement shall be as close as possible to the student's home, and unless the student's IEP requires some other arrangement, the student shall be educated in the school he/she would have attended if not disabled;

 

3)     In selecting the least restrictive environment, consideration must be given to any potential harmful effect on the student or on the quality of services that he/she needs;

 

4)     A student with a disability must not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

 

The District will ensure that each regular education teacher, special education teacher, related services provider, and other service provider who is responsible for the implementation of the student's IEP shall be provided a copy of the IEP (including amendments) prior to the implementation of the program. The District shall further ensure that each teacher and provider is informed prior to the implementation of the IEP of his/her specific responsibilities related to implementing the student's IEP and the specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP. A copy of the IEP shall be provided to the student's parents at no cost to the student's parents. (Refer to Regulation #7640R -- Guidelines for Providing Copies of Students' Individualized Education Programs CIEPs) and Informing School Personnel ofiEP  Responsibilities).

 

Additionally,the IEP shall provide:

 

1)     Anexplanation of the extent, if any, to which the student will not participate in regular education programs; or

 

2)     For preschool students, an explanation of the extent, if any, to which the student will not participate in appropriate activities with age-appropriate nondisabled peers; and

 

3)     If the student is not participating in a regular physical education program, the extent to which the student will participate in specially-designed instruction in physical education, includingadapted physical education.

 

No student shall be required to obtain a prescription for a drug or other substance identified as a controlled substance by the federal Controlled Substance Act as a condition of receiving an evaluation or services.

Annual Review

 

The annual review of each student with a disability shall be based upon a review of the student's IEP and other current information pertaining to the student's performance. The review shall include consideration  of the educational  progress and achievement  of the student  with a disability and the student's ability to participate in instructional programs in regular education and in the least restrictive environment. Further, such annual review shall revise the IEP as appropriate to address:

 

1)      Any  lack  of  expected  progress  toward  the  annual  goals  and  in  the  general  education curriculum, if appropriate;

 

2)        The results of any reevaluation and any information about the student provided to,or by, the parents;

 

3)       The student's anticipated needs;

 

4)       Or other matters, including a student's need for test accommodations and/or modifications.