References: Section 5 – Least Restrictive Environment (LRE)
Oregon Department of Education
255 Capitol Street NE
Salem, Oregon97310-1206
Policy and Procedures for Special Education: 2007-2008
References
Section 5
Least Restrictive Environment (LRE)
Oregon Administrative Rules (OAR)
581-015-2240 Requirements for Least Restrictive Environment
581-015-2245 Alternative Placements and Supplementary Aids and Services
581-015-2250 Placement of the Child
581-015-2255 Nonacademic Settings
581-015-2600Incarcerated Youth
581-015-2605Plans to Serve Students in Local or Regional Correctional Facilities
Oregon Administrative Rules (OAR)
581-015-2240Requirement for Least Restrictive Environment
School districts must ensure that:
(1) 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 not disabled; and
(2) 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.
Stat. Auth.: ORS 343.041, 343.045, 343.055,
Stats. Implemented: ORS 343.045, 343.155, 34 CFR 300.114
Hist.: 1EB 269, f. & ef. 12-22-77; EB 11-1995, f. & cert. ef. 5-25-95; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0059, ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2245 Alternative Placements and Supplementary Aids and Services
School districts must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services. The continuum must:
(1) Include as alternative placements, instruction in regular classes, special classes, special schools, home instruction and instruction in hospitals and institutions; and
(2) Make provision for supplementary aids and services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.
Stat. Auth.: ORS 343.041, 343.045 & 343.055,
Stats. Implemented: ORS 343.045 & 343.155, 34 CFR 300.115
Hist.: 1EB 269, f. & ef. 12-22-77; EB 11-1995; f. & cert. ef. 5-25-95; ODE 31-1999, f. 12-13-99, cert. ef. 12-14-99; Renumbered from 581-015-0060, ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2250 Placement of the Child
School districts must ensure that:
(1) The educational placement of a child with a disability:
(a) Is determined by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options;
(b) Is made in conformity with the Least Restrictive Environment (LRE) provisions of OAR 581-015-2240 to 581-015-2255.
(c) Is based on the child's current IEP;
(d) Is determined at least once every 365 days; and
(e) Is as close as possible to the child's home;
(2) The alternative placements under OAR 581-015-2245 are available to the extent necessary to implement the IEP for each child with a disability;
(3) Unless the child's IEP requires some other arrangement, the child is educated in the school that he or she would attend if not disabled;
(4) In selecting the least restrictive environment, consideration is given to any potential harmful effect on the child or on the quality of services which he or she needs; and
(5) A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum.
Stat. Auth.: ORS 343.041, 343.045 & 343.055,
Stats. Implemented: ORS 343.045 & 343.155, 34 CFR 300.116, 300.327
Hist.: 1EB 269, f. & ef. 12-22-77; EB 11-1995, f. & cert. ef. 5-25-95; ODE 31-1999, f. 12-13-99, cert. ef. 12-14-99; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0061, ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2255 Nonacademic Settings
(1) In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities described in OAR 581-015-2070, each school district must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child.
(2) School districts must 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.
Stat. Auth.: ORS 343.041, 343.045 & 343.055,
Stats. Implemented: ORS 343.045 & 343.155, 34 CFR 300.117
Hist.: ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2600
Incarcerated Youth
(1) In accordance with OAR 581-015-2045, the obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to certain students aged 18 through 21 incarcerated in an adult correctional facility.
(2) For students with disabilities who are convicted as adults, incarcerated in adult correctional facilities, and otherwise entitled to a free appropriate public education:
(a) The following IEP requirements in OAR 581-015-2200 do not apply:
(A) The requirements relating to participation of children with disabilities in statewide and school district assessments; and
(B) The requirements relating to transition planning and transition services, with respect to the students whose eligibility will end, because of their age, before they will be eligible to be released from adult correctional facilities based on consideration of their sentence and eligibility for early release.
(b) The IEP team may modify the student's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. The requirements of OAR 581-015-2200 and 581-015-2240 do not apply with respect to these modifications.
(3) For purposes of this rule, "adult correctional facility" has the meaning in OAR 581-015-2045.
(4) Notwithstanding OAR 581-015-2190(6)(b), the public agency responsible for the special education of students in an adult correctional facility is not required to provide notice of meetings to the parent after rights transfer to the student pursuant to OAR 581-015-2325.
Stat. Auth.: ORS 343.055;
Stats. Implemented: ORS 339.115, 34 CFR 300.324(d)
Hist: ODE 3-2000, f. & cert. ef. 2-1-00; Renumbered from 581-015-0603, ODE 10-2007, f. & cert. ef. 4-25-07
581-015-2605
Plans to Serve Students in Local or Regional Correctional Facilities
A school district musthave a plan, approved by the local school board, to provide or cause to be provided appropriate education for children placed in a local or regional correctional facility located in the school district.
Stat. Auth.: ORS 343.055
Stats. Implemented: ORS 339.129
Hist: ODE 3-2000, f. & cert. ef. 2-1-00; Renumbered from 581-015-0604, ODE 10-2007, f. & cert. ef. 4-25-07
ODE: October 2007 Section 5 - Least Restrictive Environment (LRE) References Page 1 of 3