Least Restrictive Environment

LRE Legal Requirements

IDEA requires that:

  • children with disabilities, including preschool children and children in public or private institutions or other care facilities, must be educated with children who are not disabled to the maximum extent appropriate; and

  • 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 general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.

In selecting the LRE in which the student will receive services, the school system must:

  • consider any potential harmful effect on the child or the quality of services that he/she needs;

  • ensure the child is educated in the school or typical early childhood setting that he/she would attend if nondisabled;

  • ensure the child is not removed from education in age-appropriate general education classrooms solely because of needed modifications in the general education curriculum.

Students in Adult Correctional Facilities: A student's placement, as determined by an IEP team may be modified by the IEP team if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. COMAR 13A.05.01.10.

Continuum of Alternative Placements

MCPS shall ensure that:

  • A continuum of alternative placements is available:

      • To the extent necessary to implement the IEP; and

      • To meet the needs of students with disabilities for special education and related services;

  • Alternative placements include the settings identified in the law (i.e., in the classroom, in the home, in hospitals and institutions, and in other settings); and

  • Provisions for supplementary services, such as resource room and itinerant instruction, are available in conjunction with regular class placement.

MCPS is required to ensure that the following continuum of services is available to meet the needs of children with disabilities for special education and related services—

  • instruction in general education classes with or without additional support;

  • instruction in special education classes;

  • a combination of general education and special education classes

  • special schools (public or private separate day schools);

  • home instruction;

  • residential placement; and

  • instruction in hospitals and institutions (interim instructional services).

LRE Considerations for Students with Interfering Behaviors

When a student's behavior interferes with their own and the education of other students, the IEP team shall consider the extent to which the student may participate in the general education classroom with nondisabled peers with the provision of positive behavioral supports, strategies, and interventions. The IEP team may use a functional behavioral assessment (FBA), behavioral intervention plan (BIP), and other data regarding the student's behavior to help make this determination.

A student shall not be removed to a more restrictive environment if the use of positive behavioral supports, strategies, and interventions allows the student to participate in the general education setting with nondisabled peers. If the use of behavioral supports continues to interfere with the learning of the student or others, the IEP team may consider the extent to which removal from the general education setting is appropriate.