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005.18.17-17.02. Least Restrictive Environment.

AR ADC 005.18.17-17.02Arkansas Administrative Code

West's Arkansas Administrative Code
Title 005. Department of Education
Division 18. Special Education and Related Services
Rule 17. Program Standards
Ark. Admin. Code 005.18.17-17.02
005.18.17-17.02. Least Restrictive Environment.
Currentness
17.02.1 General.
17.02.1.1 Each public agency shall ensure that-
A. 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; and
B. 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.
17.02.1.2 Determination of least restrictive environment is made on an individual basis, taking into account both service(s) needed and the placement in which the child's IEP can be implemented appropriately.
17.02.2 Continuum of alternative placements.
17.02.2.1 Each public agency must ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.
17.02.2.2 The continuum required in ยง 17.02.2.1 must-
A. Include the alternative placements listed in the definition of special education (which includes instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and
B. Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.
17.02.2.3 The continuum of alternative placements displayed on chart #1-17 found on page 4 delineates service delivery systems.
17.02.2.4 Any child three (3) to 21 years of age who, because of the severity or nature and/or extent of the disability, requires homebound or hospital instruction
A. Must have the IEP implemented within the facility of confinement for as long as the disability adversely impacts the health, safety and/or well-being of the child and prevents school attendance; and
B. Must have the IEP and subsequent placement reviewed every three (3) months.
CHART #1-17 CONTINUUM OF ALTERNATIVE PLACEMENTS
Regular Class
Regular Class
Regular Class
Some/or no Instruction in Regular Class
Some/or no Instruction in Regular Class
No Instruction in Regular Class
Indirect Service
Some Direct Instruction More than 80% of time in the classroom for general education
40% to 79% of the Instructional Day in General Education
Less than 40% of the Instructional Day in General Education
School-based Day Treatment
Special Day School Facility Greater than 50% of time at the facility
Residential School
Hospital Program
Homebound Instruction
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Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 005.18.17-17.02, AR ADC 005.18.17-17.02
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