Section 511 IAC 7-42-10 - Least restrictive environment and delivery of special education and related servicesAuthority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 10.
(a) Except as provided in section 6(g)(2) of this rule regarding students with disabilities in adult prisons, each public agency must have in place and implement written policies and procedures to ensure the following: (1) To the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities are educated with nondisabled students.(2) Special classes, separate schooling, or other removal of students from the general education environment occurs only if the nature and severity of the disability is such that education in general education classes using supplementary aids and services cannot be satisfactorily achieved.(3) The CCC determines the placement in which a student will receive services. The student's placement is: (A) based on the student's IEP;(B) reviewed at least annually; and(C) in the school that the student would attend if not disabled, unless the IEP requires some other arrangement. If another arrangement is required, the placement should be as close as possible to the student's home school.(4) A continuum of services, as described in subsection (b)(4) and (b)(5), that is available to meet the individual needs of students with disabilities and makes provision for supplementary services, such as resource room or itinerant instruction, to be provided in conjunction with general education placement.(5) In selecting the least restrictive environment, consideration is given to any potential harmful effect on the:(B) quality of services needed.(6) Each student with a disability has an equal opportunity to participate with nondisabled students in nonacademic and extracurricular services and activities to the maximum extent appropriate.(7) Special education and related services are delivered in the least restrictive environment determined by the CCC, regardless of the identified disability.(8) The provision of services to students with different disabilities: (A) at the same time; and(B) in the same classroom; is permitted.(9) Students with disabilities are in classes and buildings with their chronological peers unless: (A) an alternative is determined appropriate by the CCC; and(B) the reasons for that determination are documented in the written notice required by section 7 of this rule.(10) Students with disabilities are not removed from education in age appropriate general education classrooms solely because of needed modifications in the general curriculum.(b) The public agency must do the following: (1) Take steps to make available to students with disabilities the variety of educational programs and services that are made available to nondisabled students served by the public agency, including the following:(A) Vocational education.(E) Consumer and homemaking education.(2) Take steps, including providing students with supplementary aids and services determined appropriate and necessary by the student's CCC, to afford students with disabilities equal opportunity for participation in nonacademic and extracurricular services and activities. The public agency must ensure that students with disabilities participate with nondisabled students in the extracurricular services and activities to the maximum extent appropriate to the needs of that student. Nonacademic and extracurricular services and activities may include the following:(C) Recreational activities.(D) Special interest groups or clubs sponsored by the public agency.(E) Graduation ceremonies.(F) Employment of students, including both:(i) employment by the public agency; and(ii) assistance in making outside employment available.(3) Make physical education, specially designed if necessary, available to all students with disabilities. However, a public agency is under no obligation to make physical education available to students with disabilities if physical education is not available to other students in the same grade. Physical education must be provided by a general education teacher of physical education or a teacher specially licensed in adapted physical education as applicable to the physical education appropriate for the student. Each student with a disability must be afforded the opportunity to participate in the general physical education program available to nondisabled students unless one (1) of the following occurs: (A) The student is enrolled full time in a separate facility. The public agency responsible for the education of the student must ensure that the student receives appropriate physical education services in compliance with this section.(B) The student needs specially designed physical education, as prescribed in the student's IEP. The public agency must provide the specially designed physical education services directly or make arrangements for those services to be provided through other private or public programs.(4) Ensure the availability of a continuum of placement options for students in kindergarten through the school year in which students become twenty-two (22) years of age that includes the following: (A) General education classroom with special education and related services provided during the instructional day.(B) Resource room with special education and related services provided outside the general education classroom during the instructional day.(C) Separate classroom in a general education school building with special education and related services provided outside the general education classroom during the instructional day.(D) Separate public or nonpublic nonresidential school or facility with special education and related services provided.(E) Public or nonpublic residential school or facility with special education and related services provided to students living at the school or facility.(F) Homebound or hospital setting with special education and related services provided at the student's home, a hospital, or other noneducational site selected by the public agency.(5) Ensure the availability of a continuum of placement options for early childhood students that includes the following: (A) Early childhood general education programs.(B) Early childhood special education programs. These programs include, but are not limited to, the following: (i) Special education classrooms.(iii) Residential facilities.(C) Early childhood special education and related services provided at the service provider's location.(D) Home-based early childhood special education and related services provided in the residence of the student's family or caregivers.(c) The placement options listed in subsection (b)(4) and (b)(5) must not be exclusive placement options, and a student's placement may be a combination of the options listed, as determined appropriate by the CCC.(d) For a student with a disability who is convicted as an adult under state law and incarcerated in an adult facility, the CCC may modify the student's IEP or educational placement without regard to the requirements of this section where there is demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.Indiana State Board of Education; 511 IAC 7-42-10; filed Jul 14, 2008, 1:24 p.m.: 20080813-IR-511080112FRAReadopted filed 11/6/2014, 3:23 p.m.: 20141203-IR-511140382RFAFiled 3/4/2024, 10:02 a.m.: 20240403-IR-511230504FRA