D.C. Mun. Regs. tit. 5, r. 5-A3021

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A3021 - LEAST RESTRICTIVE ENVIRONMENT

3021.1

An LEA shall provide a child with a disability a free and appropriate public education in an appropriate special education placement in accordance with this chapter and IDEA; provided, that an LEA shall not remove a child with a disability from an age-appropriate classroom solely because of needed modifications in the general education curriculum.

3021.2

The LEA shall ensure that:

(a) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who do not have disabilities; and

(b) Special education classrooms, separate schooling, or other removal of children with disabilities from the general educational environment occurs only when the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.

3021.3

The LEA shall provide and arrange for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, after-school activities and athletics, and other nonacademic and extracurricular services and activities in the least restrictive environment for children with disabilities to the same extent that it provides such services and activities for children without disabilities.

3021.4

The LEA shall ensure that all programs and services are considered in terms of the least restrictive environment for each child with a disability, starting with the general education classroom as the first environment for consideration.

3021.5

In determining the least restrictive environment for a child, the LEA shall consider any potential harmful effect of the level of restrictiveness on the child or on the quality of services that the child needs.

3021.6

The IEP Team shall justify and document on the IEP the extent to which the child will not participate in the general education classroom, the general education curriculum, or extracurricular or other nonacademic activities, and indicate the percentage of time spent outside of the general education environment, as well as placement in separate schools or facilities.

D.C. Mun. Regs. tit. 5, r. 5-A3021

Final Rulemaking published at 69 DCR 5902 7/1/2022