LEAST RESTRICTIVE ENVIRONMENT

Los artículos de documentación indican los requerimientos que deben ser documentados en el proceso de educación especial. Pueden ser llenados en formas o por una declaración representativa en un diálogo por escrito.

Los artículos de práctica son requisitos, que deben de reflejarse en la práctica.

34 Code of Federal Regulations § 300.114  LRE requirements.   

(a) General. 
. . . 
(2) Each public agency must ensure that—   
       (i) 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; and   
       (ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.   
. . . 


Last Amended:  71 FR 46764, Aug. 14, 2006 
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.114  LRE requirements.  

(a) General. 
. . .
    (2) Each public agency must ensure that—   
       (i) 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; and   
. . . 


Last Amended:  71 FR 46764, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.114  LRE requirements.  

(a) General. 
. . .  
    (2) Each public agency must ensure that—   
. . . 
       (ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.  
. . . 


Last Amended:  71 FR 46764, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.117  Nonacademic settings. 

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in §300.107, each public agency 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 that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child’s IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.115  Continuum of alternative placements. 

(a) Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. 
. . .


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.115  Continuum of alternative placements. 

. . . 
(b) The continuum required in paragraph (a) of this section must— 
    (1) Include the alternative placements listed in the definition of special education under §300.39 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and
   (2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.115  Continuum of alternative placements. 

. . . 
(b) The continuum required in paragraph (a) of this section must— 
    (1) Include the alternative placements listed in the definition of special education under §300.39 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and 
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.115  Continuum of alternative placements. 

. . . 
(b) The continuum required in paragraph (a) of this section must— 
. . . 
   (2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 2017

34 Code of Federal Regulations § 300.116  Placements. 

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) Is 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) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118; 
 
(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) A child with a disability is not removed from education in age appropriate regular classrooms solely because of needed modifications in the general education curriculum.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009
SBS

34 Code of Federal Regulations § 300.116  Placements. 

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) Is 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) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118; 
. . . 


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.116  Placements. 

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) Is 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 
. . . 


Last Amended:  71 FR 46765, Aug. 14, 2006 
Entered:  May 28, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
. . . 
(6)  34 CFR, §§300.114-300.117 (relating to least restrictive environment); 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.116  Placements. 

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— 
. . . 
   (2) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118; 
. . . 


Last Amended:  71 FR 46765, Aug. 14, 2006 
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
. . . 
(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; 
. . . 


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
. . . 
(b) The child’s placement— 
    (1) Is determined at least annually; 
. . . 


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009
  

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
. . .   
(b) The child’s placement— 
. . . 
   (2) Is based on the child’s IEP; and 
. . . 


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
. . .  
(b) The child’s placement— 
. . . 
(3) Is as close as possible to the child’s home; 
. . .  


Last Amended:  71 FR 46765, Aug. 14, 2006 
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
. . .    
(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; 
. . . 


Last Amended:  71 FR 46765, Aug. 14, 2006 
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
    (5) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(4) of this section; 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . . 
    (5) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(4) of this section; 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
. . .  
    (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— 
. . . 
       (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 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1075. General Program Requirements and Local District Procedures. 

. . . 
(e)  Students with disabilities must have available an instructional day commensurate with that of students without disabilities. The ARD committee must determine the appropriate instructional setting and length of day for each student, and these must be specified in the student's IEP. 
. . . 


Last Amended:  March 14, 2021, 46 TexReg 1466 
Entered:  October 20, 2021

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

(a) Each local school district shall be able to provide services with special education personnel to students with disabilities in order to meet the special needs of those students in accordance with 34 Code of Federal Regulations, §§300.114-300.118.

(b) Subject to §89.1075(e) of this title (relating to General Program Requirements and Local District Procedures), for the purpose of determining the student's instructional arrangement/setting, the regular school day is defined as the period of time determined appropriate by the admission, review, and dismissal (ARD) committee.

(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
(1) Mainstream. This instructional arrangement/setting is for providing special education and related services to a student in the regular classroom in accordance with the student's IEP. Qualified special education personnel must be involved in the implementation of the student's IEP through the provision of direct, indirect, and/or support services to the student and/or the student's regular classroom teacher(s) necessary to enrich the regular classroom and enable student success. The student's IEP must specify the services that will be provided by qualified special education personnel to enable the student to appropriately progress in the general education curriculum and/or appropriately advance in achieving the goals set out in the student's IEP. Examples of services provided in this instructional arrangement include, but are not limited to, direct instruction, helping teacher, team teaching, co-teaching, interpreter, educational aides, curricular or instructional modifications/accommodations, special materials/equipment, positive classroom behavioral interventions and supports, consultation with the student and his/her regular classroom teacher(s) regarding the student's progress in regular education classes, staff development, and reduction of ratio of students to instructional staff.
(2) Homebound. This instructional arrangement/setting is for providing special education and related services to students who are served at home or hospital bedside.
(A) Students served on a homebound or hospital bedside basis are expected to be confined for a minimum of four consecutive weeks as documented by a physician licensed to practice in the United States. Homebound or hospital bedside instruction may, as provided by local district policy, also be provided to chronically ill students who are expected to be confined for any period of time totaling at least four weeks throughout the school year as documented by a physician licensed to practice in the United States. The student's ARD committee shall determine the amount of services to be provided to the student in this instructional arrangement/setting in accordance with federal and state laws, rules, and regulations, including the provisions specified in subsection (b) of this section.
    (B) Home instruction may also be used for services to infants and toddlers (birth through age 2) and young children (ages 3-5) when determined appropriate by the child's individualized family services plan (IFSP) committee or ARD committee. This arrangement/setting also applies to school districts described in Texas Education Code, §29.014.
(3) Hospital class. This instructional arrangement/setting is for providing special education instruction in a classroom, a hospital facility, or a residential care and treatment facility not operated by the school district. If the students residing in the facility are provided special education services outside the facility, they are considered to be served in the instructional arrangement in which they are placed and are not to be considered as in a hospital class.
(4) Speech therapy. This instructional arrangement/setting is for providing speech therapy services whether in a regular education classroom or in a setting other than a regular education classroom. When the only special education or related service provided to a student is speech therapy, then this instructional arrangement may not be combined with any other instructional arrangement.
(5) Resource room/services. This instructional arrangement/setting is for providing special education and related services to a student in a setting other than regular education for less than 50% of the regular school day.
(6) Self-contained (mild, moderate, or severe) regular campus. This instructional arrangement/setting is for providing special education and related services to a student who is in a self-contained program for 50% or more of the regular school day on a regular school campus.
  (7) Off-home campus. This instructional arrangement/setting is for providing special education and related services to the following, including, but not limited to, students at South Texas Independent School District and Windham School District:
    (A) a student who is one of a group of students from more than one school district served in a single location when a free appropriate public education is not available in the respective sending district;
    (B) a student in a community setting or environment (not operated by a school district) that prepares the student for postsecondary education/training, integrated employment, and/or independent living in coordination with the student's individual transition goals and objectives, including a student with regularly scheduled instruction or direct involvement provided by school district personnel or a student in a facility not operated by a school district (other than a nonpublic day school) with instruction provided by school district personnel; or
    (C) a student in a self-contained program at a separate campus operated by the school district that provides only special education and related services.
  (8) Nonpublic day school. This instructional arrangement/setting is for providing special education and related services to students through a contractual agreement with a nonpublic school for special education.
  (9) Vocational adjustment class/program. This instructional arrangement/setting is for providing special education and related services to a student who is placed on a job (paid or unpaid unless otherwise prohibited by law) with regularly scheduled direct involvement by special education personnel in the implementation of the student's IEP. This instructional arrangement/setting shall be used in conjunction with the student's individual transition goals and only after the school district's career and technical education classes have been considered and determined inappropriate for the student.
  (10) Residential care and treatment facility (not school district resident). This instructional arrangement/setting is for providing special education instruction and related services to students who reside in care and treatment facilities and whose parents do not reside within the boundaries of the school district providing educational services to the students. In order to be considered in this arrangement, the services must be provided on a school district campus. If the instruction is provided at the facility, rather than on a school district campus, the instructional arrangement is considered to be the hospital class arrangement/setting rather than this instructional arrangement. Students with disabilities who reside in these facilities may be included in the average daily attendance of the district in the same way as all other students receiving special education.
  (11) State-supported living center. This instructional arrangement/setting is for providing special education and related services to a student who resides at a state-supported living center when the services are provided at the state-supported living center location. If services are provided on a local school district campus, the student is considered to be served in the residential care and treatment facility arrangement/setting.

(d) The appropriate instructional arrangement for students from birth through the age of two with visual impairments or who are deaf or hard of hearing shall be determined in accordance with the IFSP, current attendance guidelines, and the agreement memorandum between the Texas Education Agency (TEA) and Texas Health and Human Services Commission Early Childhood Intervention Services.

(e) For nonpublic day school placements, the school district or shared service arrangement shall submit information to TEA indicating the students' identification numbers, initial dates of placement, and the names of the facilities with which the school district or shared service arrangement is contracting. The school district or shared service arrangement shall not count contract students' average daily attendance as eligible. TEA shall determine the number of contract students reported in full-time equivalents and pay state funds to the district according to the formula prescribed in law.

(f) Other program options that may be considered for the delivery of special education and related services to a student may include the following:
  (1) contracts with other school districts; and
  (2) other program options as approved by TEA.

Last Amended: October 5, 2021, 46 TexRg 6533

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
(1) Mainstream. This instructional arrangement/setting is for providing special education and related services to a student in the regular classroom in accordance with the student's IEP. Qualified special education personnel must be involved in the implementation of the student's IEP through the provision of direct, indirect, and/or support services to the student and/or the student's regular classroom teacher(s) necessary to enrich the regular classroom and enable student success. The student's IEP must specify the services that will be provided by qualified special education personnel to enable the student to appropriately progress in the general education curriculum and/or appropriately advance in achieving the goals set out in the student's IEP. Examples of services provided in this instructional arrangement include, but are not limited to, direct instruction, helping teacher, team teaching, co-teaching, interpreter, educational aides, curricular or instructional modifications/accommodations, special materials/equipment, positive classroom behavioral interventions and supports, consultation with the student and his/her regular classroom teacher(s) regarding the student's progress in regular education classes, staff development, and reduction of ratio of students to instructional staff.
. . .

Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
. . .
(2) Homebound. This instructional arrangement/setting is for providing special education and related services to students who are served at home or
hospital bedside.
    (A) Students served on a homebound or hospital bedside basis are expected to be confined for a minimum of four consecutive weeks as documented by a physician licensed to practice in the United States. Homebound or hospital bedside instruction may, as provided by local district policy, also be provided to chronically ill students who are expected to be confined for any period of time totaling at least four weeks throughout the school year as documented by a physician licensed to practice in the United States. The student's ARD committee shall determine the amount of services to be provided to the student in this instructional arrangement/setting in accordance with federal and state laws, rules, and regulations, including the provisions specified in subsection (b) of this section.
    (B) Home instruction may also be used for services to infants and toddlers (birth through age 2) and young children (ages 3-5) when determined appropriate by the child's individualized family services plan (IFSP) committee or ARD committee. This arrangement/setting also applies to school districts described in Texas Education Code, §29.014. . . . Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
. . .
(3) Hospital class. This instructional arrangement/setting is for providing special education instruction in a classroom, a hospital facility, or a residential
care and treatment facility not operated by the school district. If the students residing in the facility are provided special education services outside the facility, they are considered to be served in the instructional arrangement in which they are placed and are not to be considered as in a hospital class.
. . .

Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
. . .
(4) Speech therapy. This instructional arrangement/setting is for providing speech therapy services whether in a regular education classroom or in a setting other than a regular education classroom. When the only special education or related service provided to a student is speech therapy, then this instructional arrangement may not be combined with any other instructional arrangement.
. . .

Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
. . .
(5) Resource room/services. This instructional arrangement/setting is for providing special education and related services to a student in a setting 
other than regular education for less than 50% of the regular school day.
. . .

Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
. . .
(6) Self-contained (mild, moderate, or severe) regular campus. This instructional arrangement/setting is for providing special education and related
services to a student who is in a self-contained program for 50% or more of the regular school day on a regular school campus. . . . Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
. . .
(7) Off-home campus. This instructional arrangement/setting is for providing special education and related services to the following, including, but not limited to, students at South Texas Independent School District and Windham School District:
(A) a student who is one of a group of students from more than one school district served in a single location when a free appropriate public
education is not available in the respective sending district;
    (B) a student in a community setting or environment (not operated by a school district) that prepares the student for postsecondary education/training, integrated employment, and/or independent living in coordination with the student's individual transition goals and objectives, including a student with regularly scheduled instruction or direct involvement provided by school district personnel or a student in a facility not operated by a school district (other than a nonpublic day school) with instruction provided by school district personnel; or
    (C) a student in a self-contained program at a separate campus operated by the school district that provides only special education and related services.
. . .

Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
. . .
(8) Nonpublic day school. This instructional arrangement/setting is for providing special education and related services to students through a contractual
agreement with a nonpublic school for special education.
. . .

Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
. . .
(9) Vocational adjustment class/program. This instructional arrangement/setting is for providing special education and related services to a student
who is placed on a job (paid or unpaid unless otherwise prohibited by law) with regularly scheduled direct involvement by special education personnel in
the implementation of the student's IEP. This instructional arrangement/setting shall be used in conjunction with the student's individual transition goals
and only after the school district's career and technical education classes have been considered and determined inappropriate for the student.
. . .

Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

19 Texas Administrative Code § 89.1005. Instructional Arrangements and Settings.

. . .
(c) Instructional arrangements/settings shall be based on the individual needs and individualized education programs (IEPs) of eligible students receiving special education services and shall include the following.
. . .
(11) State-supported living center. This instructional arrangement/setting is for providing special education and related services to a student who resides at a state-supported living center when the services are provided at the state-supported living center location. If services are provided on a local school district campus, the student is considered to be served in the residential care and treatment facility arrangement/setting.
. . .

Last Amended: October 5, 2021, 46 TexRg 6533
Entered: November 5, 2021

34 Code of Federal Regulations § 300.101  Free appropriate public education (FAPE).   

(a) General.  
A free appropriate public education must be available to all children residing in the State between the ages of 3 and 21, inclusive, including children with disabilities who have been suspended or expelled from school, as provided for in §300.530(d).  
. . . 


Last Amended:  71 FR 46762, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.101  Free appropriate public education (FAPE).    

. . . 
(b) FAPE for children beginning at age 3.
    (1) Each State must ensure that—   
       (i) The obligation to make FAPE available to each eligible child residing in the State begins no later than the child’s third birthday; and   
       (ii) An IEP or an IFSP is in effect for the child by that date, in accordance with §300.323(b).   
    (2) If a child’s third birthday occurs during the summer, the child’s IEP Team shall determine the date when services under the IEP or IFSP will begin.  
. . . 


Last Amended:  71 FR 46762, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.102  Limitation—exception to FAPE for certain ages.  

(a) General. The obligation to make FAPE available to all children with disabilities does not apply with respect to the following:   
(1) Children aged 3, 4, 5, 18, 19, 20, or 21 in a State to the extent that its application to those children would be inconsistent with State law or practice, or the order of any court, respecting the provision of public education to children of those ages.  
. . . 


Last Amended:  82 FR 29759, June 30, 2017 
Entered:  Aug. 2, 1027

34 Code of Federal Regulations § 300.116  Placements. 

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) Is 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) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118; 
 
(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) A child with a disability is not removed from education in age appropriate regular classrooms solely because of needed modifications in the general education curriculum.


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009
SBS

19 Texas Administrative Code §75.1023. Provisions for Individuals Who Are Members of Special Populations.   

. . . 
(c)  A student with a disability shall be instructed in accordance with the student's individualized education program (IEP) in the least restrictive environment, as determined by the admission, review, and dismissal (ARD) committee. If a student is unable to receive a free appropriate public education (educational benefit) in a regular career and technical education program, using supplementary aids and services, the student may be served in separate programs designed to address the student's occupational/training needs, such as career and technical education for students with disabilities programs. 
. . . 


Last Amended:   July 12, 2012, 37 TexReg 5132.  
Entered: Jan. 7, 2013

19 Texas Administrative Code §75.1023. Provisions for Individuals Who Are Members of Special Populations.   

. . . 
(d)  A student with a disability identified in accordance with provisions of Public Law 105-302 and the IDEA of 2004, 20 USC, §§1400-1491o, is an eligible participant in career and technical education when the requirements of this subsection are met.
. . . 
(6)  When determining placement in a career and technical education classroom, the ARD committee shall consider a student's graduation plan, the content of the IEP, including the consideration of transition services, and classroom supports. Enrollment numbers should not create a harmful effect on student learning for a student with or without disabilities in accordance with the provisions in the IDEA of 2004, 20 USC, §§1400-1491o, and its implementing regulations. 


Last Amended:   July 12, 2012, 37 TexReg 5132.  
Entered: Jan. 7, 2013

19 Texas Administrative Code §75.1023. Provisions for Individuals Who Are Members of Special Populations.   

. . . 
(d)  A student with a disability identified in accordance with provisions of Public Law 105-302 and the IDEA of 2004, 20 USC, §§1400-1491o, is an eligible participant in career and technical education when the requirements of this subsection are met.
. . . 
(6)  When determining placement in a career and technical education classroom, the ARD committee shall consider a student's graduation plan, the content of the IEP, including the consideration of transition services, and classroom supports. Enrollment numbers should not create a harmful effect on student learning for a student with or without disabilities in accordance with the provisions in the IDEA of 2004, 20 USC, §§1400-1491o, and its implementing regulations. 


Last Amended:   July 12, 2012, 37 TexReg 5132.  
Entered: Jan. 7, 2013

19 Texas Administrative Code § 89.1080. Regional Day School Program for the Deaf.

In accordance with the Texas Education Code (TEC), §§30.081-30.087, local school districts shall have access to regional day school programs for the deaf operated by school districts at sites previously established by the State Board of Education (SBOE). Any student who has a hearing impairment which severely impairs processing linguistic information through hearing, even with recommended amplification, and which adversely affects educational performance shall be eligible for consideration for the Regional Day School Program for the Deaf, subject to the admission, review, and dismissal (ARD) committee recommendations.


Last Amended: September 1, 1996, 21 TexReg 7240
Entered: June 11, 2009
SBS

19 Texas Administrative Code § 89.1080. Regional Day School Program for the Deaf.

In accordance with the Texas Education Code (TEC), §§30.081-30.087, local school districts shall have access to regional day school programs for the deaf operated by school districts at sites previously established by the State Board of Education (SBOE). Any student who has a hearing impairment which severely impairs processing linguistic information through hearing, even with recommended amplification, and which adversely affects educational performance shall be eligible for consideration for the Regional Day School Program for the Deaf, subject to the admission, review, and dismissal (ARD) committee recommendations.


Last Amended: September 1, 1996, 21 TexReg 7240
Entered: June 11, 2009
SBS

19 Texas Administrative Code § 89.1080. Regional Day School Program for the Deaf.

In accordance with the Texas Education Code (TEC), §§30.081-30.087, local school districts shall have access to regional day school programs for the deaf operated by school districts at sites previously established by the State Board of Education (SBOE). Any student who has a hearing impairment which severely impairs processing linguistic information through hearing, even with recommended amplification, and which adversely affects educational performance shall be eligible for consideration for the Regional Day School Program for the Deaf, subject to the admission, review, and dismissal (ARD) committee recommendations.


Last Amended: September 1, 1996, 21 TexReg 7240
Entered: June 11, 2009
SBS

 

PGC Network: Least Restrictive Environment (Region 20 ESC)

Preschool Least Restrictive Environment (PLRE) Document (TEA/Region 20 ESC)

OSEP Letter to Anderson (December 4, 2012)

OSEP Letter to Anonymous (March 30, 2009)

OSEP Letter to Wohle (February 1, 2008)

Daniel R.R. v. State Board Of Education, 874 F.2d 1036 (5th Cir. 1989)

R.H. v. Plano Independent School Dist., 607 F. 3d 1003 (5th Cir. 2010)

OSEP Letter to Spitzer-Resnick, Swedeen, and Pugh (June 22, 2012)

OSERS Dear Colleague Letter on Children with Disabilities Residing in Nursing Homes (April 26, 2016)

Richardson Indep. School Dist. v. Michael Z., 580 F. 3d 286 (5th Cir. 2009)

OSEP POLICY LETTER: April 7, 2022 to Tymeson