POLICY LETTER: March 30, 2009 to individual (personally identifiable information redacted)

03/30/09XXXXXXXXXXXXXXXXXXXXXXX, XXXXXXDear XXXXXXXX:This letter is written in response to your electronic mail (email) communication to me on November 26, 2008. I apologize for the delay in my response. In your email, you asked three questions pertaining to 34 CFR 300.115, the requirement that each public agency have a "continuum of alternative placements" available. Your questions and our responses are below.1. Would full inclusion for all and/or most students within a public school district, regardless of their needs, etc., be a violation of this regulation (34 CFR 300.115)?OSEP's Response: Under 34 CFR 300.115, each public agency must ensure that a continuum of alternative placements is available to meeThe group that makes the placement decision must do so in conformity with the least restrictive environment provisions (LRE) of 34 CFR 300.114-300,118. The child's placement must be determined at least annually, be based on the child's individualized education program (IEP), and be as close as possible to the child's home. Unless the IEP requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled and, in selecting the LRE, consideration must be given to any potential harmful effect on the child or on the quality of services that the child needs. In addition, the child must not be removed fromPage 2 - XXXXXXXXXeducation in age-appropriate regular classroomsOffice of Special Education Programscc: Director of Special Education03/30/09XXXXXXXXXXXXXXXXXXXXXXX, XXXXXXDear XXXXXXXX:This letter is written in response to your electronic mail (email) communication to me on November 26, 2008. I apologize for the delay in my response. In your email, you asked three questions pertaining to 34 CFR 300.115, the requirement that each public agency have a "continuum of alternative placements" available. Your questions and our responses are below.1. Would full inclusion for all and/or most students within a public school district, regardless of their needs, etc., be a violation of this regulation (34 CFR 300.115)?OSEP's Response: Under 34 CFR 300.115, each public agency must ensure that a continuum of alternative placements is available to meeThe group that makes the placement decision must do so in conformity with the least restrictive environment provisions (LRE) of 34 CFR 300.114-300,118. The child's placement must be determined at least annually, be based on the child's individualized education program (IEP), and be as close as possible to the child's home. Unless the IEP requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled and, in selecting the LRE, consideration must be given to any potential harmful effect on the child or on the quality of services that the child needs. In addition, the child must not be removed fromPage 2 - XXXXXXXXXeducation in age-appropriate regular classroomsOffice of Special Education Programscc: Director of Special Education