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Protection & Advocacy Inc. Advancing the Rights of Californians with Disabilities |
LEGISLATION & PUBLIC 1029 J Street, Suite 150 |
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PAI Policy on Legislation Affecting Pupils’ Rights to Education in the
Least Restrictive Environment
Amended |
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BACKGROUND:
Current law ensures that special education pupils are
educated to the maximum extent appropriate with their non-disabled peers and
that separate classes or schooling or other removal of special education
pupils from the general education environment only occur when education in
the general education environment, even with supplementary aids and services,
cannot be achieved satisfactorily.
This is the requirement of special education law for placement in the
so called “least restrictive environment.” PRINCIPLES:
The following principles should be honored in any
proposed legislation, regulations or amendments thereto. 1.
Federal
and state laws and local policies shall not be amended to dilute or weaken a
pupil’s rights to placement in the class and school he/she would otherwise
attend, but for his/her disability, as the first consideration. This principle extends to preschool and early
intervention pupils as well as school age and adult-transition age pupils. 2. Federal and state laws and local policies shall not be amended to dilute or weaken a pupil’s entitlement to the employment of supplementary aids and services to support his/her placement in the least restrictive environment.
3.
Federal
and state laws and local policies, including those regarding funding
mechanisms, shall be amended to encourage and facilitate greater access of
special education students to general education settings, including
provisions regarding funding for and facilitation of supplementary aids and
services (such as curriculum modification, assistive technology, health
services, and behavior intervention services) shall be supported. Federal and state legislation and
regulations shall not be amended in any way which discourages or inhibits
this access.
4.
Federal and state laws, regulations and local
policies shall be amended to encourage and facilitate participation of pupils
in integrated extra-curricular or nonacademic activities, including
transitional services and activities.
Federal and state laws, regulations, and local policies shall not be
amended in any way which would discourage or inhibit this participation. 5.
High
stakes testing legislation or regulations which would cause students to be
excluded from the least restrictive environment or general education
activities or settings shall be discouraged.
High stakes testing legislation or regulations shall encourage the
participation of children with disabilities through the use of reasonable
accommodations and modifications and alternative testing instruments and
formats. 6. PAI will work to increase access to peer support and self advocacy training. |
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Policy #1013.01 |
Adopted |
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