Non-Participation Justification

The IEP must explain and describe the extent, including amount, if any, to which the student will not participate with non-disabled peers in the regular classroom and in extracurricular and other nonacademic activities.

    • Describe the extent (amount) of any removal from the regular class environment, and provide justification for the removal.

    • This is not a range of times

    • Nonparticipation should be quantifiable, but may be written as number of minutes removed or percentage of time removed, as determined by the IEP team

    • The IEP team determines the timeframe in which the calculation is developed (day, week, month, etc.); this should be explained in the nonparticipation justification statement

    • Explanation for removal cannot be due to a disability category


Examples from ODE and HSD:

Describe the extent (including amount), if any, to which the child will not participate with nondisabled children in the regular classroom and in extracurricular and other nonacademic activities:

  • Student will be removed from the general education classroom for small group instruction in self-management. The time out will be 120 monthly which would average out at 30 minutes weekly (6.67%)

Provide explanation justifying the removal, if any:

  • Student will be removed from the general education classroom in order to provide lessons in a quiet environment with a low student to teacher ratio and frequent opportunities to repeat lessons/activities in order to develop skills.

Describe the extent (including amount), if any, to which the child will not participate with nondisabled children in the regular classroom and in extracurricular and other nonacademic activities:

  • Student will be removed from her general education classroom for up to 55 minutes daily(13% of her week at school) to participate in self-management, social skills instruction, motor breaks and opportunities to regulate when needed in a quiet place to process her experiences. This opportunity for removal is being offered to support Students IEP goals in self-management and social skills in an environment that will help her to focus and not create potential discomfort.

Provide explanation justifying the removal, if any:

  • This opportunity for removal is being offered to support the studnets IEP goals in self-management and social skills in an environment that will help her to focus and not create potential discomfort.