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Parent involvement in placement decisions.
(1) Each public agency must ensure that a parent of each child with a disability is a member of any group that makes decisions on the educational placement of the parent's child.
(2) In implementing the requirements of paragraph (c)(1) of this section, the public agency must use procedures consistent with the procedures described in Sec. 300.322(a) through (b)(1).
(3) If neither parent can participate in a meeting in which a decision is to be made relating to the educational placement of their child, the public agency must use other methods to ensure their participation, including individual or conference telephone calls, or video conferencing.
(4) A placement decision may be made by a group without the involvement of a parent, if the public agency is unable to obtain the parent's participation in the decision. In this case, the public agency must have a record of its attempt to ensure their involvement.
34 CFR § 300.501(c)
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A. IEP Team Members.
(1) A public agency shall ensure that the IEP team for a student with a disability includes:
(a) The parents of the student;
(2) If a student does not have a regular teacher, or is younger than school age, the regular educator described in §A(1)(b) of this regulation shall be an individual qualified to teach a student of the student's age.
13A.05.01.07 IEP Team
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In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that--
(a)The placement decision--
(1) 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) made in conformity with the LRE provisions of this subpart, including Sec. Sec. 300.114 through 300.118 (NOTE: Least Restrictive environment provisions);
(b) The child's placement--
(1) is determined at least annually;
(2) is based on the child's IEP; and
(3) Is as close as possible to the child's home;
(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;
(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
(e) 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 CFR § 300.116 Placement
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C. Placements.
(1) A public agency shall ensure that:
(a) The educational placement decision of a student with a disability is:
(i) Made by the IEP team;
(ii) Made in conformity with the LRE provision of the Act and Regulation .10 of this chapter;
(iii) Determined at least annually;
(iv) Based on the student's IEP; and
(v) As close as possible to the student's home;
(b) Unless the IEP of a student requires some other arrangement, the student is educated in the school or typical early childhood setting that the student would attend if not disabled;
(c) In selecting the LRE, consideration is given to any potential harmful effect on the student or on the quality of services that the student needs;
(d) A student with a disability is not removed from education in an age-appropriate regular classroom or typical early childhood setting solely because of needed modifications in the general curriculum;
13A.05.01.10 Least Restrictive Environment
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The LRE requirements in Sec. Sec. 300.114 through 300.118 apply to all children with disabilities, including preschool children who are entitled to FAPE. Public agencies that do not operate programs for preschool children without disabilities are not required to initiate those programs solely to satisfy the LRE requirements of the Act.
Public agencies that do not have an inclusive public preschool that can provide all the appropriate services and supports must explore alternative methods to ensure that the LRE requirements are met.
Examples of such alternative methods might include placement options in private preschool programs or other community-based settings. Paying for the placement of qualified preschool children with disabilities in a private preschool with children without disabilities is one, but not the only, option available to public agencies to meet the LRE requirements. We believe the regulations should allow public agencies to choose an appropriate option to meet the LRE requirements. However, if a public agency determines that placement in a private preschool program is necessary as a means of providing special education and related services to a child with a disability, the program must be at no cost to the parent of the child.
OSEP response to comment on LRE regulations
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3) If a public agency does not provide a preschool program for students without disabilities, the public agency:
(a) Is not required to initiate a program as described in §C(2) of this regulation to satisfy the requirements of §B of this regulation; and
(b) May meet the requirements of §B of this regulation through alternative methods including:
(i) Providing opportunities for preschool students with disabilities to participate in preschool programs operated by other agencies;
(ii) Placing preschool students with disabilities in private school programs for nondisabled preschool students or private school preschool programs that integrate students with disabilities and nondisabled students; and
(iii) Locating classes for preschool students with disabilities in regular elementary schools.
13A.05.01.10. Least Restrictive Environment (LRE).
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(4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child--
(i) To advance appropriately toward attaining the annual goals;
(ii) to be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and
(iii) to be educated and participate with other children with disabilities and nondisabled children in the activities described in this section;
34 CFR § 300.320(4) Definition of IEP
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c) The special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, including staffing support, to be provided to the student, or on behalf of the student;
(d) Program modifications or supports for school personnel that will be provided for the student to enable the student to:
(i) Advance appropriately toward attaining the annual goals;
(ii) Be involved in and make progress in the general curriculum;
(iii) Participate in extracurricular and other nonacademic activities; and
(iv) Be educated and participate with other students with disabilities and students without disabilities;
(e) An explanation of the extent, if any, to which the student will not participate with students without disabilities in the regular class and in the activities, as described in §A(1)(e) of this regulation;
(f) A statement of any appropriate individual accommodations that are needed to measure the student's academic achievement and functional performance on Statewide or district-wide assessments, consistent with 34 CFR §300.320(a)(6);
13A.05.01.09 IEP Documentation
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