Compilation of Rules and Regulations of the State of Georgia
Department 160 - RULES OF GEORGIA DEPARTMENT OF EDUCATION
Chapter 160-4
Subject 160-4-7 - SPECIAL EDUCATION
Rule 160-4-7-.07 - Least Restrictive Environment (LRE)
Universal Citation: GA Rules and Regs r 160-4-7-.07
Current through Rules and Regulations filed through March 20, 2024
(1) LRE REQUIREMENTS.
(a) Each LEA shall have policies and
procedures to ensure that to the maximum extent appropriate, children with
disabilities, including children in public or private institutions or other
care facilities in Georgia shall be educated with children who are not
disabled. [34 C.F.R. §
300.114(a)(2)(i)]
(b) Special classes, separate schooling or
other removal of children with disabilities from the regular class environment
shall occur only when 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. [34 C.F.R. §
300.114(a)(2)(ii)]
(2) DETERMINING EDUCATIONAL PLACEMENTS.
(a) In
determining the educational placement of a child with a disability, including a
preschool child with a disability, each LEA must ensure that 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 contained in this rule. [34 C.F.R. §
300.116(a)(1) -
(2)]
(b) The child's placement is determined at
least annually, is based on the child's IEP and is as close as possible to the
child's home; [34 C.F.R. §
300.116(b)(1) - (3)]
(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; [34 C.F.R. §
300.116(c)]
(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 [34 C.F.R. §
300.116(d)]
(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. [34 C.F.R. §
300.116(e)]
(3) CONTINUUM OF ALTERNATIVE PLACEMENTS.
(a) Each 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.
[34 C.F.R. §
300.115(a)]
(b) The above continuum must -
1. Include the alternative placements listed
in the definition of special education (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.
[34 C.F.R. §
300.115(b)(1) - (2)]
(c) Preschool
placements include:
1. A regular education
early childhood program in the public school or community (such as Head Start,
Bright from the Start Pre-Kindergarten, public or private daycare), and
preschool programs with special education services delivered as:
(i) Additional supportive services. The child
remains in a regular early childhood program with supplementary aids and
services provided to the teacher and/or child to implement the IEP. The
services provided may be from personnel such as paraprofessionals,
interpreters, or others.
(ii)
Direct services:
(I) The child remains in a
regular early childhood program with direct services from special education
personnel utilizing a consultative, collaborative or coteaching
model.
(II) The child is in the
regular education early childhood program but special education and related
services are provided outside a regular education early childhood
program.
2.
Placements for children not attending a regular early childhood program:
(i) A separate special education program
housed in the public school or in a community-based setting, in a separate
school or residential school or facility;
(ii) A program provided at home as a natural
environment;
(iii) A program
provided through service providers in their offices; or
(iv) Any combination of the above and/or
other settings based on the child's IEP.
(d) School age placements:
1. General education classroom with
age-appropriate non-disabled peers, if required by the IEP:
(i) Additional supportive services. The child
remains in regular classroom with supplementary aids and services provided to
the teacher and/or child to implement the IEP. The services provided may be
from personnel such as paraprofessionals, interpreters, or others.
(ii) Direct services. The child remains in
the regular classroom with direct services from special education personnel on
a consultative, collaborative, or co-teaching basis.
2. Instruction outside the general classroom
for individuals or small groups.
3.
Separate day school or program.
4.
Home-Based instruction may be used as a short-term placement option on
occasions when the parent and LEA agree at an IEP meeting with the following
considerations:
(i) A free and appropriate
public education (FAPE) is provided and includes access to the general
curriculum and an opportunity to make progress toward the goals and objectives
included in the IEP;
(ii)
home-based services must be reviewed no less than quarterly by the IEP team;
and
(iii) all IEPs that require
home-based placements will include a reintegration plan for returning to the
school setting.
5.
Residential placement in-state or out-of-state.
6. Hospital/homebound instruction program
(HHB)is used for students with disabilities who are placed in a special
education program and have a medically diagnosed condition that will
significantly interfere with their education and requires them to be restricted
to their home or a hospital for a period of time. The LEA shall provide
hospital/homebound instruction to students with disabilities, under the
requirements found in Georgia rule
160-4-2-.31 Hospital Homebound
Services.
(4) NONACADEMIC SETTINGS.
(a)
Extracurricular services and activities, including meals, recess periods, and
other services and activities, each LEA shall 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 LEA 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.
[34 C.F.R. §
300.117]
(b) Each LEA must ensure the provision of
supplementary aides and services determined appropriate by the IEP team in
order to allow children with disabilities an equitable opportunity for
participation in nonacademic and extracurricular activities.
(c) Nonacademic and extracurricular services
may include counseling services, athletics, transportation, health services,
recreational activities, special interest groups or clubs sponsored by the LEA,
referrals to agencies that provide assistance to individuals with disabilities,
and employment of students, including both employment by the public agency and
assistance in making outside employment available [34 C.F.R. §
300.107]
(5) CHILDREN IN PUBLIC OR PRIVATE INSTITUTIONS.
(a) The
LEA shall assure that no child with a disability placed by the LEA in a public
or private institution is denied access to an education in the LRE, except for
those students in adult prisons as described in
160-4-7-.02 FREE AND APPROPRIATE
PUBLIC EDUCATION. [34 C.F.R.
§
300.118]
(b) The LEA responsible for the education of
a child with a disability who is enrolled in a separate facility shall ensure
that the child receives appropriate physical education services. [34 C.F.R. §
300.108(d)]
(6) TECHNICAL ASSISTANCE AND TRAINING ACTIVITIES.
(a) Each LEA must
carry out activities to ensure that all teachers and administrators are fully
informed about their responsibilities for implementing LRE; and
(b) Are provided with technical assistance
and training necessary to assist them in this effort. [34 C.F.R. §
300.119(a) -
(b)]
O.C.G.A. Secs. 20-2-150, 20-2-151, 20-2-152, 20-2-154, 20-2-161, 20-2-164, 20-2-168, 20-2-200, 20-2-240, 20-2-274, 20-2-281, 20-2-302, 20-2-1160.
Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.