14 Del. Admin. Code § 923-14.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 923-14.0 - Least Restrictive Environment (LRE) Requirement

14.1 General: Except as provided in 14 DE Admin. Code 925, subsection 24.12 (regarding children with disabilities in adult prisons), each public agency shall meet the LRE requirements of Sections 15.0 through 20.0.

14.2 Each public agency shall ensure that 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 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.

14.2.1 Additional requirement: No public agency shall make educational placement decisions on the basis of funding sources or amount of funding. Placement decisions shall be based on the unique needs of a child with a disability regardless of the manner or amount of funding available.

14.3 Interagency and Special Programs: When a child's IEP Team determines the child's needs cannot be met appropriately in the LEA of residence or other public agency, inter-LEA or interagency programs shall be considered within least restrictive environment requirements.

14.4 Interagency agreements: A written Interagency Agreement shall be developed between or among LEAs or other public agencies when special education and related services for children with disabilities are provided in whole, or in part, by an LEA or LEAs, other than the LEA of residence.

14.4.1The agreement may be initiated by the LEA, public agency, or the DOE.

14.4.2The DOE shall be a party to the agreement when the services are provided through a special school or program approved by the State Board of Education.

14.4.3Each Interagency Agreement shall include the:

14.4.3.1Title of the agreement;

14.4.3.2Parties involved and their authority to provide special education and related services;

14.4.3.3Purpose of the agreement;

14.4.3.4Roles and responsibilities of each agency, including access to records and record transfer procedures, program implementation, dissemination, training activities, funding amounts and sources;

14.4.3.5End dates and Reauthorization schedule;

14.4.3.6Procedures to resolve disputes regarding program and fiscal issues; and

14.4.3.7Signature and title of each party's authorized administrator.

14.5 Responsibility for Placement in Interagency Programs: For initial placement, the child's LEA of residence shall be responsible for identification, evaluation, and placement procedures including:

14.5.1Setting the date, time, and place of all meetings;

14.5.2Chairing, designating, or agreeing upon a chairperson for all meetings;

14.5.3Communicating the name of the child to be discussed; the date and place of meeting to individuals involved; and

14.5.4Communicating recommendations of staffing to all appropriate staff.

14.6When it is suspected the child's need for special education can only be met in an inter-LEA or interagency program, then an IEP meeting shall be arranged by the LEA of residence. The following procedures for an IEP meeting shall be followed:

14.6.1Representatives of the inter-LEA or interagency program shall participate in the IEP meeting;

14.6.2A representative of the LEA of residence shall be a member of the child's IEP team; and

14.6.3Arrangements for all evaluation and diagnosis, whether initial or reevaluation, shall be the responsibility of the child's LEA of residence.

(Authority: 20 U.S.C. 1412(a)(5); 14 Del.C. § 3110)

14 Del. Admin. Code § 923-14.0

26 DE Reg. 843 (4/1/2023) (final)