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PLACEMENT IN THE LEAST RESTRICTIVE ENVIRONMENT

Placement in the Least Restrictive Environment

Forms: Placement in Least Restrictive – SE13 Prior Written Notice of Proposed/Refused Action– SE 3 Individualized Education Program – SE 8

Timeline: Upon completion of development of IEP

Responsible Person: Principal or Designee

NOTE: The MOE must ensure that the parents of the child with a disability are members of any group that makes decisions on the educational placement of their child.

PROCEDURES Step 1: The principal or designee discusses the continuum of placement after the development of the Individualized Education Program (IEP). In considering the placement, the IEP Team must ensure that:

• Children with disabilities are educated with children who are nondisabled to the maximum extent appropriate; and
• Special classes, separate schooling, or other removal of children with disabilities from the regular educational environment (e.g. regular class) 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.
• Palau funding mechanism must not result in placements that violate the LRE requirement.
• Palau must not use a funding mechanism by which Palau distributes funds on the basis of the type of setting in which the 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.

Continuum of alternative Placements: The MOE must ensure that a continuum of placements is available to meet the needs of children with disabilities for special education and related services. The continuum must include:

• Instruction in regular classes

• Special classes

• Special schools

• Home instruction

• Instruction in hospitals and institutions

The MOE must make provisions for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

Definition of supplementary aids and services: Means aids, services, and other supports that are provided in general education classes, other education-related settings, and in extracurricular and nonacademic settings, to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate in accordance with LRE requirements.

Step 2: The IEP team determines the placement based on the following guidelines below:

In determining the educational placement, the principal must ensure that:

• The placement decision:

• Is made 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

• Is made in conformity with the LRE requirements.

• The child's placement:

• Is determined at least annually;

• Is based on the child’s IEP; and

• Is as close as possible to the child’s home.

• Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the school that he or she would attend if nondisabled;

• In selecting the LRE, consideration is given to any potential harmful effect on the child or on the quality of services that he or she needs; and

• A child with a disability is not removed from education in age-appropriate regular classroom solely because of needed modifications in the general education curriculum. Nonacademic settings In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities, the MOE must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The MOE must ensure that each child with a disability has the supplementary

aids and services determined by the child's IEP Team to be appropriate and necessary for the child to participate in nonacademic settings. Residential Placement If placement in a public or private residential program is necessary to provide special education and related services to a child with a disability, the program, including non- medical care and room and board, must be at no cost to the parents of the child.

Children in public or private institutions Except for the requirements regarding MOE’s responsibility for general supervision for some individuals in adult prisons, the MOE ensures that the LRE requirement is effectively implemented , including, if necessary, making arrangements with public and private institutions (such as a memorandum of agreement or special implementation procedures).

Step 3: The IEP Team reaches agreement on the placement. The principal completes the LRE form. If the parent disagrees with the placement, the principal must inform the parents of their parent rights relating to resolving the disagreement. If the parents exercise their right to utilize mediation and/or due process hearing complaint process, the child remains in the current placement until the matter is resolved. If there is no disagreement, the principal attaches the LRE form to the IEP form. The principal ensures that a copy is provided to the parents and the Special Education office.

NOTE: Consent is not required for placement if this is an annual review. Consent is only required for the initial provision of special education and related services. Technical assistance and training activities. The MOE, through the Special Education program, carries out activities to ensure that teachers and administrators in all public agencies:

• Are fully informed about their responsibilities for implementing the LRE requirement and
• Are provided with technical assistance and training necessary to assist them in this effort.

Transition to High School: If the initial IEP or Annual IEP is going to expire during the following school year, the IEP Team must also discuss the placement for the following school year if the child is transitioning to high school at the beginning of the following year in which the current IEP is still in effect.

Special Procedures for Children with Disabilities Incarcerated in Adult Prisons: The following requirements do not apply to students with disabilities who are convicted as adults under Palau law and incarcerated in adult prisons.

• The student’s IEP Team may modify the student’s IEP or placement notwithstanding the IEP requirements of least restrictive environment and contents of the IEP, if the MOE has demonstrated a bonafide security or compelling penological interest that cannot otherwise be accommodated.