§ 300.114 LRE requirements.

Plain English summary

This section requires states to have 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. Public agencies must ensure LRE requirements are met, and state funding mechanisms must not result in placements that violate LRE requirements or deprive children of FAPE as described in their IEPs. States without compliant funding policies must provide the Secretary an assurance that the funding mechanism will be revised as soon as feasible.

Key requirements

• The State must have in effect policies and procedures to ensure that public agencies in the State meet the LRE requirements of this section and §§ 300.115 through 300.120.
• 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.
• A State funding mechanism must not result in placements that violate the requirements of paragraph (a) of this section.
• A State must not use a funding mechanism by which the State 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.
• If the State does not have policies and procedures to ensure compliance with paragraph (b)(1) of this section, the State must provide the Secretary an assurance that the State will revise the funding mechanism as soon as feasible to ensure that the mechanism does not result in placements that violate that paragraph.

Affected parties

• State educational agencies
• Public agencies
• Children with disabilities
• Children in public or private institutions or other care facilities
• Children who are nondisabled
• U.S. Secretary of Education

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.114