(a) General. (1) Except as provided in § 300.324(d)(2) (regarding children with disabilities in adult prisons), the State must have in effect policies and procedures to ensure that public agencies in the State meet the LRE requirements of this section and §§ 300.115 through 300.120.
(2) Each public agency must ensure that—
(i) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are nondisabled; and
(ii) Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if 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.
(b) Additional requirement—State funding mechanism—(1) General. (i) A State funding mechanism must not result in placements that violate the requirements of paragraph (a) of this section; and
(ii) A State must not use a funding mechanism by which the State distributes funds on the basis of the type of setting in which a child is served that will result in the failure to provide a child with a disability FAPE according to the unique needs of the child, as described in the child's IEP.
(2) Assurance. If the State does not have policies and procedures to ensure compliance with paragraph (b)(1) of this section, the State must provide the Secretary an assurance that the State will revise the funding mechanism as soon as feasible to ensure that the mechanism does not result in placements that violate that paragraph.
(Approved by the Office of Management and Budget under control number 1820-0030)
(Authority: 20 U.S.C. 1412(a)(5))
Notes of Decisions
T.B. ex rel. Brenneise v. San Diego Unified Sch. Dist., 806 F.3d 451 (9th Cir. 2015).
“§ 1412 (a)(5); 34 C.F.R. § 300.114 et seq. The only reasonable accommodation, according to the Brenneises, is not one that may be determined by a court, but the one prescribed by the California statute and regulations.”
Velma Olu-Cole v. E.L. Haynes Pub. Charter Sc, 930 F.3d 519 (D.C. Cir. 2019).
“I The Individuals with Disabilities Education Act ("IDEA") offers federal funding to States, the District of Columbia, and other United States territories on the condition that they provide children with disabilities a "free appropriate public education" in the "least…”
Turner v. Dist. of Columbia, 952 F. Supp. 2d 31 (D.D.C. 2013).
“” 34 C.F.R. § 300.114 . Providing more hours outside of general education is therefore not an acceptable alternative for supported hours inside the general education environment.”
ND Ex Rel. Guard. Ad Litem v. Hi Dept. of Educ., 600 F.3d 1104 (9th Cir. 2010).
“The "continuum of alternative placements" includes "instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions.”
Moradnejad v. Dist. of Columbia, 177 F. Supp. 3d 260 (D.D.C. 2016).
““Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment” should, occur only if “the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and…”
Jerry M. v. Riesel Indep. Sch. Dist., 379 F. Supp. 3d 570 (W.D. Tex. 2019).
· cites it 2× “A student should be "removed from the regular educational environment ... only when the nature or severity of the disability .”
— 34 C.F.R. § 300.114(a)(2)(i) — 1 case
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