NC 1501-3.1 LRE Requirements

Plain English summary

This regulation requires LEAs to maintain policies and procedures ensuring children with disabilities are educated alongside nondisabled peers to the maximum extent appropriate, with removal from regular educational environments permitted only when the nature or severity of the disability prevents satisfactory education in regular classes even with supplementary aids and services. It also prohibits SEAs and LEAs from using funding mechanisms based on placement setting type that would result in a failure to provide a child with FAPE as described in their IEP. The regulation covers all children with disabilities including those in public or private institutions or care facilities.

Key requirements

• LEAs must have in effect policies and procedures to ensure that all LRE requirements contained in sections NC 1501-3.1 through NC 1501-3.7 are met.
• 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.
• 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 regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
• The SEA or LEA may not use a funding mechanism which distributes funds on the basis of the type of setting in which a child is served that 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.

Affected parties

• Local Education Agencies (LEAs)
• State Education Agency (SEA)
• Children with disabilities
• Children in public or private institutions or care facilities
• Children with disabilities in adult prisons (excluded from general requirement)

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=27