Sec. 13a.05.01.10. Least Restrictive Environment (LRE)

A. General. A public agency shall ensure that:

(1) To the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities, are educated with students who are not disabled; and

(2) Special classes, separate schooling, or other removal of students 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, as described in Regulation .09A(1)(d) and (e) of this chapter, cannot be achieved satisfactorily.

B. Continuum of Alternative Placements. A public agency shall ensure that:

(1) A continuum of alternative placements is available:

(a) To the extent necessary to implement the IEP; and

(b) To meet the needs of students with disabilities for special education and related services;

(2) Alternative placements include the settings as listed in Regulation .03B(71) of this chapter; and

(3) Provisions for supplementary services, such as resource room and itinerant instruction, are available in conjunction with regular class placement.

C. Placements.

(1) A public agency shall ensure that:

(a) The educational placement decision of a student with a disability is:

(i) Made by the IEP team;

(ii) Made in conformity with the LRE provision of the Act and Regulation .10 of this chapter;

(iii) Determined at least annually;

(iv) Based on the student's IEP; and

(v) As close as possible to the student's home;

(b) Unless the IEP of a student requires some other arrangement, the student is educated in the school or typical early childhood setting that the student would attend if not disabled;

(c) In selecting the LRE, consideration is given to any potential harmful effect on the student or on the quality of services that the student needs;

(d) A student with a disability is not removed from education in an age-appropriate regular classroom or typical early childhood setting solely because of needed modifications in the general curriculum; and

(e) If the IEP team determines a student with a disability cannot be educated in the school or typical early childhood setting the student would attend if not disabled, the IEP shall document the specialized transportation needs of the student as defined in Regulation .03B(81) of this chapter, including consideration of the effect transportation may have on the student in relation to the:

(i) Student's age and disability;

(ii) Specialized equipment needs of the student;

(iii) Personnel needed to assist the student during transportation;

(iv) Amount of time involved in transporting the student; and

(v) Distance the student will be transported.

(2) If a public agency provides a preschool program for students without disabilities, the public agency shall ensure that the requirements of §B of this regulation are met.

(3) If a public agency does not provide a preschool program for students without disabilities, the public agency:

(a) Is not required to initiate a program as described in §C(2) of this regulation to satisfy the requirements of §B of this regulation; and

(b) May meet the requirements of §B of this regulation through alternative methods including:

(i) Providing opportunities for preschool students with disabilities to participate in preschool programs operated by other agencies;

(ii) Placing preschool students with disabilities in private school programs for nondisabled preschool students or private school preschool programs that integrate students with disabilities and nondisabled students; and

(iii) Locating classes for preschool students with disabilities in regular elementary schools.

(4) Students in Adult Correctional Facilities. The student's placement, as determined by the IEP team, consistent with §A of this regulation and Regulation .09A of this chapter may be modified by the IEP team if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated.

(5) Placement in the Home.

(a) If a student with a disability is unable to participate in the student's school of enrollment and is provided instruction at home because of a physical or an emotional condition, consistent with COMAR 13A.03.05.04A, the IEP team shall meet to review and revise the student's IEP.

(b) The IEP team shall:

(i) Determine the instructional services to be provided to the student in accordance with Regulations .08 and .09 of this chapter and COMAR 13A.03.05, as long as the medical restrictions apply; and

(ii) Develop a plan for returning the student to a school-based program.

(c) When the period of treatment or convalescence ends, the IEP team shall:

(i) Review and revise the IEP, in accordance with Regulations .08 and .09 of this chapter; and

(ii) Determine the appropriate placement in the LRE, in accordance with this section.

(d) Educational placement in the home, for a student with an emotional condition, may not exceed 60 consecutive school days.

(e) A student's home may not be used as an instructional setting for a student with a disability waiting for:

(i) Placement in a nonpublic special school, in accordance with Regulation .16A of this chapter; or

(ii) A change of placement, in accordance with Regulation .10 of this chapter.

(6) Removal of Students for Disciplinary Actions.

(a) The removal of a student with a disability from the student's current educational setting and the provision of educational services shall conform with the provisions of 34 CFR §§300.101 and 300.530 -300.536, Education Article, §7-305, Annotated Code of Maryland, and COMAR 13A.08.03.

(b) The instructional setting for the provision of educational services to a student who has been removed from school in accordance with 34 CFR §300.121(d) and COMAR 13A.08.03 may not be a student's home.