POLICY LETTER: July 23, 2003 to individual (personally identifiable information redacted)
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July 23, 2003 to individual (personally identifiable information redacted) (MS Word)
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July 23, 2003 to individual (personally identifiable information redacted) (MS Word)
Dated July 23, 2003This letter is in response to your letter seeking clarification on the least restrictive environment and a typical regular classroom. In your letter you asked, Can a program be described as a typical regular class,' if the percentage of disabled children greater than the natural percentage of disabled children in the general population within the district? You explained that your school district considers a child with a disability mainstream[ed] in a more restrictive hybrid classroom where the percentage of children with disabilities ranges from 20% to 36%. You further state that the percentage of children with disabilities in other regular classrooms within the district is 0% to 10%, and the percentage of children with disabilities in the general population is 9%.Neither the IDEA statute nor its implementing regulations define the term regular classes. The least restrictive environment (LRE) provisions of the Federal regulations implementing Part B of the Individuals with Disabilities Education Act (IDEA), are set forth at 34 CFR 300.550-300.556. Under these requirements, each public agency must ensure that a continuum of alternative placements, that includes instruction in regular classes, is available to meet the needs of children with disabilities. 34 CFR 300.551. The IDEA requires that the placement decision for each child with a disability be based on the child's individualized education program (IEP) and be made at least annually 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. 34 CFR 300.552(a)(1) and (b)(1) and (2). Section 300.550(b) requires that States and local educational agencies ensure that:To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; andSpecial classes, separate schooling or other removal of children with disab/s/ Patricia J. Guard for Stephanie S. LeeDirectorOffice of Special Education ProgramsEnclosurecc:Ms. Barbara GantwerkDirectorOffice of Special Education ProgramsNew Jersey Department of EducationPage PAGE 2 PAGE
TOPIC ADDRESSED: Least Restrictive Environment |
SECTION OF IDEA: Part B—Assistance for Education of All Children With Disabilities; Section 612—State Eligibility
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Last modified on April 27, 2017