Iowa Admin. Code r. 281-41.114 - Least restrictive environment (LRE)
(1)
General. Except as provided in paragraph
41.324(4)"a" regarding children with disabilities in adult
prisons, each public agency in the state shall have policies and procedures in
place to meet the LRE requirements of this rule and rules 281-41.115 (256B,
34CFR300) to 281-41.120 (256B, 34CFR300
).
(2)
Public agency
assurances. Each public agency must ensure and maintain adequate
documentation that:
a. 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 nondisabled; and
b. Special
classes, separate schooling, or other removal of children with disabilities
from the general education 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.
(3)
State funding
mechanism. A state funding mechanism must not result in placements
that violate the requirements of this rule; and the state must not use a
funding mechanism by which funds are distributed on the basis of the type of
setting in which a child is served or which will result in the failure to
provide a child with a disability FAPE according to the unique needs of the
child, as described in the child's IEP .
Notes
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