Serving Unit 5 and El Paso-Gridley District 11

Least Restrictive Placement

A. Overview of Placement
     1. MVSEA and its Member Districts support the right of students 
with disabilities to be educated with their nondisabled peers to the maximum extent appropriate.
     2. The placement of a student with a disability shall be based on the student’s IEP and shall be as close as possible to the student's home. Unless the IEP of a student with a disability requires some other arrangement, the student shall be educated in the school that he/she would attend if nondisabled. A placement determination based solely upon the category of a student's disability or on the current configuration of the Member District’s service delivery system is prohibited. In selecting the least restrictive environment (LRE), consideration shall be given to any potential harmful effect on the student or on the quality of services received.
     3. Students with disabilities must be allowed to participate to the 
maximum extent appropriate with nondisabled students in nonacademic and extracurricular activities (including meals, recess periods, athletics, clubs and recreational activities).
     4. Parental participation shall be encouraged. Written parental consent is only required before initial special education placement. In cases in which written parental consent cannot be obtained, the Member District may request a due process hearing to compel services/placement in special education.

B. Participation in Regular Education Programs
     1. MVSEA and its Member Districts shall take steps to ensure that students with disabilities have equal access to the variety of educational programs and services available to nondisabled students.
     2. Steps taken by the Member Districts to ensure the availability of general educational programs and services to students with disabilities may include, but are not limited to:

         a. Modification of instructional methodologies, staffing, materials and equipment to permit effective participation; and
         b. Individualization of the instructional program including staffing, curriculum modifications, classroom accommodations, modified grading, assistive technology and instructional materials to permit the effective participation of students with disabilities.

     3. The IEP must include a statement describing how the student’s 
disability adversely affects the student’s participation in, and progress toward general education curriculum objectives, including; 

         a. Participation in extracurricular and other nonacademic activities; 
         b. The extent to which the student will be educated and participate with non-disabled students; 
         c. An explanation of the extent, if any, to which the student will not participate with nondisabled students; and
         d. A statement of any individual modifications in the administration of state or district-wide assessments necessary in order for the student to participate in the assessments. If the IEP Team determines that the student cannot participate in the state or district-wide assessments, the IEP team must explain why and describe how the student will be alternately assessed. (See Section 6, Individualized Education Plan.)

C. Continuum of Placement Options
     1. General Education Classroom with Modifications - The student receives his/her education in a general education classroom. A general education classroom is one that is composed of students of whom at least 70 percent are without identified special education eligibility, that uses the general curriculum, that is taught by an instructor certified for general education, and that is not designated as a general remedial classroom. However, in accordance with the student’s IEP, the general education instruction may be modified through: 

         a. Supportive services or specialized instruction;
         b. Consultation to and with special education personnel;
         c. Provision of special equipment, materials, and accommodations;
         d. Modification of the instructional program or grades; and
         e. Modification of curriculum content or methodology; or
         d. Other supplementary services, such as itinerant or resource services, in conjunction with the general education placement.

     2. General Education Classes with Resource Services or Related Services - The student receives his/her education in a general education classroom with the special education instructor for less than 50% of the school day. Resource classes and services for such students shall be subject to the following limitations:

         a. Enrollment shall be limited to the number of students who can effectively and appropriately receive assistance, up to a maximum of 20 students.
         b. The teacher or service provider shall participate in determining the appropriate enrollment.
         c. A Member District may not increase the enrollment in a resource class or service when a noncertified assistant is provided.

     3. Instructional Services - The student receives special education instruction for 50% of the school day or more. In accordance with a student’s IEP, this may include:

         a. Inclusion in those areas of the standard program deemed appropriate; and
         b. Provision of related services.

     4. Special School - The student receives all of his/her special education instruction in a separate facility. In accordance with a student’s IEP, this may include:

         a. Inclusion in those areas of the standard program deemed appropriate; and
         b. Provision of related services.

     5. Home/Hospital Services - The student is eligible for services at home or in a hospital because he/she is unable to attend school due to a medical condition that will cause an absence for two or more consecutive weeks of school or ongoing intermittent absences. Eligibility for home/hospital services shall be determined in accordance with 23 Ill. Admin. Code 226.300(d).
     6. State-Operated or Nonpublic Programs - The student’s disabilities are so profound or complex that no special education services offered by the
public schools can adequately or appropriately meet his/her needs.

D. Determining Educational Placement
     1. In determining any educational placement of a student, the Member District shall ensure that:

         a. The placement decision is made by a group of persons, including the parent(s)/guardian(s), and other persons knowledgeable about the student, the meaning of the evaluation data, and the placement options; and is made in conformity with the LRE requirements; 
         b. The student's placement is determined at least annually, is based on the student's IEP; and is as close as possible to the student's home; 
         c. Unless the IEP of a student with a disability requires some other arrangement, the student is educated in the school that he/she would attend if nondisabled; 
         d. In selecting the LRE, consideration is given to any potential harmful effect on the student or on the quality of services that he/she needs; and 
         e. A student with a disability is not removed from education in age-appropriate general education classrooms solely because of needed modifications in the general curriculum. 

     2. When making a placement determination on behalf of a student with a disability between the ages of 3-5, the Member District must provide a free
appropriate public education (FAPE) in the LRE. The LRE alternatives may include:

        a. Providing opportunities for the participation (even part-time) of preschool students with disabilities in other preschool programs operated by public agencies (such as Head Start);
        b. Placing students with disabilities in private school programs for nondisabled preschool students or private preschool programs that integrate students with disabilities and nondisabled students; or
        c. Locating classes for preschool students with disabilities in elementary schools.

    3. In the event the Member District must remove a student with disability from his/her current services because of behavior to be dangerous to the student or to others due to a weapon or drug violation, the IEP team or school personnel shall identify an appropriate interim alternative educational setting (IAES). This setting will enable the student to continue to progress in the general curriculum and to receive those services and modifications
as described in the student’s current IEP. 
    4. Homebound instruction may be recommended by the IEP team in 
accordance with Subsection C.5. of this Section and the eligibility requirements under 23 Ill. Admin. Code 226.300(d).

E. Placements Outside the General Education Environment
    1. All services and educational placements must be individually determined based upon the unique abilities and needs of each student. Before a student can be placed outside of the general educational environment, the full range of supplementary aids and services that would facilitate the student’s placement in a general education classroom setting must be considered. If a determination is made that the student’s disability cannot be accommodated satisfactorily in the general education environment, even with the provision of appropriate supplementary aids and services, the student may then be considered for placement in other than a general education classroom.
    2. In all cases, placement decisions must be individually determined on the basis of each student’s abilities and needs, and not based solely upon the category of the disability, significance of disability, availability of special education and related services, configuration of the service delivery system, availability of space, or administrative convenience. Rather, each student’s IEP forms the basis for each placement decision.
    3. In recommending a placement outside of the general education environment, the IEP team shall first consider placement in both chronologically age-appropriate classroom settings and chronologically age-appropriate schools. The age range of the students in any instructional group shall not exceed 4 years at the primary level and intermediate levels or 6 years at the secondary level.

F. Placements in Nonpublic Programs
    1. An IEP team recommending placement of a student in a nonpublic special education program, including both day and residential programs, shall not make such recommendations no less restrictive setting on the continuum of alternative placements will meet a student’s needs.
    2. In recommending placement of a student in special education day programming, the IEP team shall consider the transportation distance of such a placement. Deference shall be given to appropriate services that are within a reasonable distance of the student’s residence and attempts not to exceed one hour of travel each way.

G. Reconsideration of Educational Placement
     1. The IEP of each student shall be reviewed at least annually to determine whether the goals for the student are being achieved. 
     2. The IEP team may recommend a more restrictive placement as necessary. A more restrictive placement may be recommended if a significant number of the goals, objectives and benchmarks identified in the current IEP were not successfully achieved and it is determined that the curricula, instructional methodologies, staffing patterns and classroom organization identified in the current IEP cannot be adequately implemented in the current placement. 

H. Nonacademic and Extracurricular Services
     1. The placement decision made by the IEP team shall permit the student to participate, as appropriate, in nonacademic and extracurricular services and activities (e.g., meals, recess periods, athletics, clubs and recreational activities sponsored by the Member Districts)According to the needs of the student, as articulated in his/her IEP, a Member District may provide service(s) to a student in order to allow him/her to access participation in
nonacademic and extracurricular activities (e.g., interpreter, transportation, behavioral contracting.)
     2. A student with a disability may be excluded from participation in nonacademic and extracurricular activities for misconduct provided the exclusion is
consistent with the Member District’s disciplinary code, is applied with students without disabilities and takes into consideration the special needs of
the student.


LEGAL REF.: 

20 U.S.C. 1400 et seq. (IDEA).

20 U.S.C. 1412 (State eligibility), 1412(a)(7), 1413 (local educational agency eligibility).

34 C.F.R. 300.305 (program options), 300.345 (parent(s)/guardian(s) participation), 300.346 (development review and revision of IEP), 300.347 (content of IEP), 300.350 (general LRE requirements), 300.551 (continuum of alternative placements), 300.552 (placements), 300.553 (nonacademic settings). 

105 ILCS 5/14-1.02 (students with disabilities), 5/14-8.02 (identification, evaluation & placement of students).

23 Ill. Admin. Code 226. 240 (determination of placement), 226.220 (factors in development of IEP), 226.300 (continuum of placement options), 226.530 (parent(s)/guardian(s) participation),226.730 (case load/ class size), 226.230 (content of the IEP).
 

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