Spicing up life

Thanks Sadie... I just said this morning that I needed to put a lock on that cabinet!

VA Special Education REGS

http://www.doe.virginia.gov/special_ed/regulations/state/regs_speced_disability_va.pdf
Virginia Department of Education Special Education REGS:


D. Applicability of least restrictive environment and FAPE provision in state-funded placements.
No state-funding mechanism shall result in placements that deny children with disabilities their
right to be educated with children without disabilities to the maximum extent appropriate, or
otherwise result in a failure to provide a child with a disability a free appropriate public
education. (34 CFR 300.114(b))


8VAC20-81-130. Least restrictive environment and placements.
A. General least restrictive environment requirements.
1. Each local educational agency shall ensure: (34 CFR 300.114)
a. That to the maximum extent appropriate, children with disabilities, aged two to 21,
inclusive, including those in public or private institutions or other care facilities, are educated
with children without disabilities; and
b. That 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.
Department of Education
8VAC20-81-130. Least restrictive environment and placements.
71
2. In providing or arranging for the provision of nonacademic and extracurricular services and
activities, including meals, recess periods, and other nonacademic and extracurricular
services and activities provided for children without disabilities, each local educational agency
shall ensure that each child with a disability participates with children without disabilities in
those services and activities to the maximum extent appropriate to the needs of the child with
a disability. The local educational agency shall ensure that each child with a disability has the
supplementary aids and services determined by the child's IEP team to be appropriate and
necessary for the child to participate in nonacademic settings. (See also 8VAC20-81-100
H.) (34 CFR 300.117)
3. For children placed by local school divisions in public or private institutions or other care
facilities, the local educational agency shall, if necessary, make arrangements with public and
private institutions to ensure that requirements for least restrictive environment are met. (See
also 8VAC20-81-150.) (34 CFR 300.114 and 34 CFR 300.118)
B. Continuum of alternative placements. (§ 22.1-213 of the Code of Virginia; 34 CFR 300.115)
1. Each local educational agency shall ensure that a continuum of alternative placements is
available to meet the needs of children with disabilities, aged two to 21, inclusive, for special
education and related services.
2. The continuum shall:
a. Include the alternative placements listed in the term "special education" at 8VAC20-81-10,
including instruction in regular classes, special classes, special schools, home instruction,
and instruction in hospitals and institutions; and
b. Make provision for supplementary services (e.g., resource room or services or itinerant
instruction) to be provided in conjunction with regular education class placement. The
continuum includes integrated service delivery, which occurs when some or all goals,
including benchmarks and objectives if required, of the student's IEP are met in the general
education setting with age-appropriate peers.
3. No single model for the delivery of services to any specific population or category of
children with disabilities is acceptable for meeting the requirement for a continuum of
alternative placements. All placement decisions shall be based on the individual needs of
each child.
4. Local educational agencies shall document all alternatives considered and the rationale for
choosing the selected placement.
5. Children with disabilities shall be served in a program with age-appropriate peers unless it
can be shown that for a particular child with a disability, the alternative placement is
appropriate as documented by the IEP.
5. Children with disabilities shall be served in a program with age-appropriate peers unless it
can be shown that for a particular child with a disability, the alternative placement is
appropriate as documented by the IEP.
C. Placements. (Regulations Establishing Standards for Accrediting Public Schools in Virginia
(8VAC20-131); 34 CFR 300.116)