Nebraska Administrative Code
Topic - EDUCATION, DEPARTMENT OF
Title 92 - NEBRASKA DEPARTMENT OF EDUCATION
Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS
Section 92-51-008 - Placement of Children With Disabilities
Universal Citation: 92 NE Admin Rules and Regs ch 51 ยง 008
Current through March 20, 2024
008.01 Least Restrictive Environment (LRE) Requirements
008.01A The school district or
approved cooperative shall establish policies and procedures to assure that, to
the maximum extent appropriate, children with disabilities, including children
in public or nonpublic schools and approved service agencies, are educated with
children who are not disabled, and 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 is such
that education in regular classes with the use of supplementary aids and
services cannot be achieved satisfactorily.
008.01B Before any action is taken with
respect to the initial placement of a child with disabilities, the school
district or approved cooperative shall be responsible for the provision of a
comprehensive individual multidisciplinary evaluation of the child's
development and educational needs.
008.01C In determining the educational
placement of a child with a disability, including a preschool child with a
disability, school districts and approved cooperatives must ensure that:
008.01C1 The placement decision 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
008.01C2 The placement decision
is made in conformity with the least restrictive environment requirements in 92
NAC 51-008.01 and based on the child's unique needs and not on the child's
disability.
008.01D Each
school district or approved cooperative must ensure that a continuum of
alternative placements is available to meet the needs of children with
disabilities for special education and related services.
008.01D1 The continuum must:
008.01D1a Include instruction in regular
classes, special classes, special schools, home instruction and instruction in
hospitals and institutions; and
008.01D1b Make provision for supplementary
services (such as resource or itinerant instruction) to be provided in
conjunction with regular class placement.
008.01E The school district or approved
cooperative shall ensure that the educational placement of a child with a
verified disability:
008.01E1 Is determined at
least annually;
008.01E2 Is based
on his or her individualized education program (lEP); and
008.01E3 Is as close as possible to the
child's home.
008.01F The
various array of placement options included under 92 NAC 51-008.01 D must be
available to the extent necessary to implement the individualized education
program for each child with a verified disability.
008.01G Unless a child's lEP requires some
other arrangement, the child must be educated in the school which he or she
would attend if not disabled.
008.01H In selecting the least restrictive
environment, consideration must be given to any potential harmful effect on the
child or on the quality of services which he or she needs.
008.01I A child with a disability must not be
removed from education in age-appropriate regular classrooms solely because of
needed modifications in the general curriculum.
Disclaimer: These regulations may not be the most recent version. Nebraska 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.
