The local educational agency (LEA) must 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.
The LEA must ensure that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
In providing or arranging for the provision of nonacademic and extracurricular services and activities, the LEA must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of the child.
The LEA must provide a free appropriate public education (FAPE) in the LRE to preschool-aged children even if the LEA does not provide free preschool programs to all preschool-aged children:
LEAs that do not operate preschool programs for nondisabled preschool children may use some alternative methods for meeting the LRE requirements including:
Providing opportunities for the participation (even part-time) of preschool children with disabilities in other preschool programs operated by public agencies (such as Head Start);
Placing children with disabilities in private school programs for nondisabled preschool children or private school preschool programs that integrate children with disabilities and nondisabled children; and
LEAs are not required to establish extensive contract programs with private schools which serve both children with disabilities and children without disabling conditions solely to implement LRE requirements; and
The use of facilities which are separate or otherwise solely devoted to children with disabilities is generally permissible only when necessary to meet an individual child's specific needs and should not be the only option available.
The admission, review and dismissal (ARD) committee must determine whether education in the regular classroom, with the use of SUPPLEMENTARY AIDS AND SERVICES, can be achieved satisfactorily by considering the following factors:
A child with a disability may not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum;
The Individuals with Disabilities Education Act (IDEA) does not require regular education instructors to devote all or most of their time to one child with a disability or to modify the regular education program beyond recognition;
The child's overall educational experience in the mainstreamed environment, balancing the benefits of regular and special education for the individual child:
For example, a child may be able to absorb only a minimal amount of the regular education program, but may benefit enormously from the language models that his or her nondisabled peers provide (in such a case, the benefit that the child receives from mainstreaming may tip the balance in favor of mainstreaming); and
The effect of the presence of a child with a disability has on the regular classroom, and thus, on the education that the other children are receiving.
If the ARD committee determines that education in the regular classroom cannot be achieved satisfactorily, then the ARD committee must determine whether the child has been mainstreamed to the maximum extent appropriate:
The IDEA and its regulations do not contemplate an all-or-nothing educational system in which children with disabilities attend either regular or special education;
The LEA must take intermediate steps where appropriate, such as placing the child in regular education for some academic classes only, or providing interaction with nondisabled children during lunch and recess.
The LEA must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.
The ARD committee's educational placement determination must be individualized, based on need, and not made on a categorical basis, such as the disability or residence in the residential facility.
Whether space available at the residential facility is appropriate for the provision of a FAPE based on the individual child's needs and the residential facility's available space; or
If the ARD committee or residential facility determines that the residential facility has no appropriate available space, identify alternative locations for providing educational services.
For an adult to accompany the child when transporting the child at the beginning and end of the term for regularly scheduled school holidays when children are expected to leave the residential campus; and
When placing a child at the TSBVI or TSD, the LEA may make an on-site visit to verify that the TSBVI or the TSD can and will offer the services listed in the individual child's IEP and to ensure that the school offers an appropriate educational program for the child.
For children placed by their parents or legal guardians at the TSD, the TSD shall be responsible for assuring that a FAPE is provided to the child at the TSD.