Or. Admin. R. 581-015-2845 - Placement and Least Restrictive Environment in ECSE

(1) Contractors or subcontractors must ensure that:

(a) The placement of a child with a disability 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; and

(b) To the maximum extent appropriate to the needs of the child, ECSE services are provided in the least restrictive environment as defined in OAR 581-015-2240, including home and community settings in which children without disabilities participate.

(2) Each child's placement must be:

(a) Determined at least every 365 days;

(b) Based on the IFSP; and

(c) As close as possible to the child's home.

(3) Unless the IFSP of a child with a disability requires some other arrangement, the child must be educated in the public school or public program, if any, that he or she would attend if not disabled.

(4) The contractor must ensure that a continuum of alternative placements is available to meet the needs of preschool children with disabilities for special education and related services.

(a) The continuum must include placements in the home, hospitals, institutions, special schools, classrooms, and community childcare or preschool settings.

(b) The continuum must provide for supplementary services to be provided in conjunction with regular preschool placement.

(5) In determining the least restrictive environment, the team must consider the continuum of alternative placements and the following:

(a) Modifications needed to implement the child's IFSP;

(b) The level of support needed by the child;

(c) Any potential harmful effect on the child or on the quality of services which he or she needs;

(d) A child with a disability must not be removed from education in age appropriate classrooms or settings solely because of needed modifications.

(6) The team must ensure that, to the maximum extent appropriate to the needs of that child, ECSE services are provided in settings in which children without disabilities participate, including nonacademic services and activities.

Notes

Or. Admin. R. 581-015-2845

EB 23-1992, f. & cert. ef. 6-23-92; EB 4-1995, f. & cert. ef. 1-24-95; ODE 24-2000, f. & cert. ef. 10-16-00; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-1000, ODE 10-2007, f. & cert. ef. 4-25-07

Stat. Auth.: ORS 343.475

Stats. Implemented: ORS 343.475