Nebraska Administrative Code › Topic - EDUCATION, DEPARTMENT OF › Title 92 - NEBRASKA DEPARTMENT OF EDUCATION › Chapter 51 - REGULATIONS AND STANDARDS FOR SPECIAL EDUCATION PROGRAMS › Section 92-51-008 - Placement of Children With Disabilities

Current through June 17, 2024
008.01 Least
				Restrictive Environment (LRE) Requirements
008.01A The school district or approved
				cooperative shall establish policies and procedures to assure that, to the
				maximum extent appropriate, children with disabilities, including children in
				public or nonpublic schools and approved service agencies, are educated with
				children who are not disabled, and that special classes, separate schooling, or
				other removal of children with disabilities from the regular educational
				environment occurs only when 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.
008.01B Before any action is taken with
				respect to the initial placement of a child with disabilities, the school
				district or approved cooperative shall be responsible for the provision of a
				comprehensive individual multidisciplinary evaluation of the child's
				development and educational needs.
008.01C In determining the educational
				placement of a child with a disability, including a preschool child with a
				disability, school districts and approved cooperatives must ensure that:
008.01C1 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
008.01C2 The placement decision
				is made in conformity with the least restrictive environment requirements in 92
				NAC 51-008.01 and based on the child's unique needs and not on the child's
				disability.
008.01D Each
				school district or approved cooperative must ensure that a continuum of
				alternative placements is available to meet the needs of children with
				disabilities for special education and related services.
008.01D1 The continuum must:
008.01D1a Include instruction in regular
				classes, special classes, special schools, home instruction and instruction in
				hospitals and institutions; and
008.01D1b Make provision for supplementary
				services (such as resource or itinerant instruction) to be provided in
				conjunction with regular class placement.
008.01E The school district or approved
				cooperative shall ensure that the educational placement of a child with a
				verified disability:
008.01E1 Is determined at
				least annually;
008.01E2 Is based
				on his or her individualized education program (lEP); and
008.01E3 Is as close as possible to the
				child's home.
008.01F The
				various array of placement options included under 92 NAC 51-008.01 D must be
				available to the extent necessary to implement the individualized education
				program for each child with a verified disability.
008.01G Unless a child's lEP requires some
				other arrangement, the child must be educated in the school which he or she
				would attend if not disabled.
008.01H In selecting the least restrictive
				environment, consideration must be given to any potential harmful effect on the
				child or on the quality of services which he or she needs.
008.01I A child with a disability must not be
				removed from education in age-appropriate regular classrooms solely because of
				needed modifications in the general curriculum.