Subject to the exceptions for students in adult correctional
facilities, school districts shall ensure that the provision of services to
each student eligible for special education services, including preschool
students and students in public or private institutions or other care
facilities, shall be provided:
(1) To
the maximum extent appropriate in the general education environment with
students who are nondisabled; and
(2) Special classes, separate schooling or
other removal of students eligible for special education services from the
general 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.
(3) The public agency responsible for
providing FAPE to a preschool child with a disability must ensure that FAPE is
provided in the least restrictive environment where the child's unique needs
(as described in the child's IEP) can be met, regardless of whether the local
education agency operates public preschool programs for children without
disabilities. Least restrictive environment must be determined based on each
individual child's needs and should not automatically be developmental
preschool.
(4) For children ages
three to five, a general education environment is a regular early childhood
program as defined in WAC
392-172A-01152.
Notes
Wash. Admin. Code §
392-172A-02050
Amended by
WSR
21-19-065, Filed 9/14/2021, effective
10/15/2021
Statutory Authority:
RCW
28A.155.090(7) and 42 U.S.C.
1400 et. seq. 07-14-078, § 392-172A-02050, filed 6/29/07, effective
7/30/07.
