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[IP] amy's PSAT and inclusion


I found this on a Texas school site.

It is their interpretation.

c. Least Restrictive Environment

The least restrictive environment is the setting that allows the disabled
student the maximum exposure to nondisabled peers while still allowing him
to receive an appropriate education.  Section 104.34(a)(1).  Both IDEA and
Section 504 create the presumption that each disabled child can be educated
in the regular classroom. If the District believes that some setting other
than the regular classroom is necessary for the child to receive opportunity
for educational benefit (meaningful progress on appropriate goals and
objectives), the District must be ready to show that it has provided support
services and aids to assist the child in the regular classroom, and that
such efforts have failed, before determining that a more restrictive
placement is necessary. Should the District segregate disabled students, on
buses, at recess, during lunch, classtime, field trips, etc., it must stand
ready to demonstrate that the segregation was necessary for the disabled
child or children in question to benefit. The presumption is that the
disabled child will be educated with regular education children. Section

•Section 504 presumes a regular classroom placement for the child (or
education in the mainstream). This presumption also exists in IDEA, but is
even stronger in Section 504 since the disabilities encountered in Section
504 students are typically less severe. A placement other than the regular
classroom is only appropriate if the disabled child cannot be educated
satisfactorily in the regular classroom with supplementary aids and services
such as a behavior management plan, classroom modifications, assistive
devices, counselling, etc. Section 104.34(a).

•Disruption of the regular classroom by the disabled child is a factor in
determining appropriateness of the regular class. “[I]t should be stressed
that, where a handicapped student is so disruptive in a regular classroom
that the education of other students is significantly impaired, the needs of
the handicapped child cannot be met in that environment.  Therefore, regular
placement would not be appropriate to his or her needs and would not be
required by Section  104.34.” Appendix A, p. 429. Note, however, that if
supplementary aids and services have not been tried, or a behavior
management plan is not in place, disruption by the student does not mean
that he cannot be educated in the regular classroom. His disruption means
that the District needs to modify appropriately, and then make the

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