§ 14.145. Least restrictive environment requirements.

 Students with disabilities shall be educated in the least restrictive environment. Each school entity shall ensure that:

   (1)  To the maximum extent appropriate, and as provided in the IEP, the student with a disability is educated with nondisabled peers.

   (2)  Special classes, separate schooling or other removal of a student with a disability from the regular education class occurs only when the nature or severity of the disability is such that education in the regular education class with the use of appropriate supplementary aids and services cannot be achieved satisfactorily.

   (3)  A student may not be determined to require separate education because the child cannot achieve at the same level as classmates who do not have disabilities if the child can, with the full range of supplementary aids and services, make meaningful progress in the goals included in the student’s IEP.

   (4)  A student may not be removed from or determined to be ineligible for placement in a regular education classroom solely because of the nature or severity of the student’s disability, or solely because educating the student in the regular education classroom would necessitate additional cost or for administrative convenience.

   (5)  School entities shall be required to provide access to a full continuum of placement options.

Authority

   The provisions of this §  14.145 adopted under sections 1372 and 2603-B of the Public School Code of 1949 (24 P. S. § §  13-1372 and 26-2603-B).

Source

   The provisions of this §  14.145 adopted June 27, 2008, effective July 1, 2008, 38 Pa.B. 3575.



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