PROGRAMMING IN THE LEAST RESTRICTIVE ENVIRONMENT
ADMINISTRATIVE PROCEDURE
Determinations regarding least restrictive programming may be made by the
student’s Pupil Evaluation Team (PET) in the following manner:
A. The PET should first assess whether education in the regular classroom, with
the use of supplementary aids and services, can be
achieved satisfactorily. In
making that determination, the PET should assess each of the following factors:
1. What supplementary aids and services may assist the student in obtaining a
satisfactory education in the regular classroom?
Supplementary aids and services may include, but are not limited to, resource
room services, itinerant services, assistive technology
services, modifications
of curriculum, use of teacher aides, and consultation services from special
educators.
When assessing supplementary aids and services, the PET need not order placement
in the regular classroom if it would require
modification of the regular
curriculum beyond recognition or would result in the student not having to learn
any of the skills normally
taught in that regular education curriculum.
2. A comparison of the benefits the student would receive in the regular
education classroom with those that the student would receive
in a more
restrictive setting, such as a self-contained program.
The assessment of benefits should consider both academic and social benefits of
participation in the placement at issue. The
PET should also assess academic and
social detriments for the student that may arise from the placement at issue.
In some circumstances, large social benefits of regular education may outweigh
small academic benefits, just as large academic
benefits of a more restrictive
setting may outweigh small social benefits of a regular education placement.
3. What effect would placement of the student in the regular classroom have on
other students in the classroom?
The PET need not place a student in the regular classroom when the student’s
behavior, even with supplementary aids and services,
would be so disruptive that
the education of other students is significantly impaired. Nor would the PET
need to place the student in
the regular classroom
when the student would require so much of the teacher or the aide’s time that
the rest of the class suffers.
4. What the financial cost would be of the supplementary aids and services
accompanying an appropriate placement in the regular
classroom.
Placement in the regular classroom may not be rejected under this factor simply
because it would be incrementally more expensive
than placement in a more
restrictive setting. Yet the school unit need not educate a student in the
regular classroom if the cost of
such a placement would significantly impact
upon the education of other students. In most circumstances, the school unit
need not
place a student in the regular classroom if such placement requires
that the student have his/her own full-time teacher.
B. If the PET determines after assessing the above factors that the student is
unable to be educated satisfactorily in the regular classroom
with supplementary
aids and services, the PET shall then determine the maximum extent of
mainstreaming that the student may
appropriately receive.
In making this determination, the PET shall consider the full continuum of
alternative placements – such as placing the student in regular
education for
some academic classes and in special education for others, mainstreaming the
student for nonacademic classes only, or
providing interaction with non-disabled
students during lunch and recess.
In making placement determinations, the PET shall attempt to give preference to
placements in the student’s neighborhood school
district. When the special
services needed by the student are sufficiently specialized or expensive that
they are provided by the school
unit only in a school building other than the
student’s neighborhood school, the PET may place that student in the school
where the
specialized services exist, rather than replicate those services in
the neighborhood school. This determination should not impact, in most
circumstances, on the PET’s determination regarding the extent to which the
student is able to participate in regular education.
Placements in residential programs shall be made only when the PET determines
that the student is not otherwise able to receive some
educational benefit from
a day program.
Legal Reference: 20 U.S.C. § 1412(a)(5)
34 CFR §§ 300.550-.552
Me. Dept. of Ed. Reg. ch. 101 §§ 11.1-11.3 (Nov. 1999)
DATE ADOPTED: JULY 1, 2003