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Does “least restrictive environment” apply to students in public institutions, residential or nonpublic school placements?

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Does “least restrictive environment” apply to students in public institutions, residential or nonpublic school placements?

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Yes. Even if your child needs to receive services at a public institution, a residential facility or a nonpublic school placement, appropriate opportunities for participation in regular education programs and activities must be made. Again, this determination is based on the student’s individual needs as set forth in his IEP. [34 C.F.R. Sec. 300.554; Cal. Ed. Code Secs. 56850 and following.] Public Charter Schools are required to serve children with disabilities who are attending those schools in the same manner as students with disabilities in other public schools are served. [20 U.S.C. Sec. 1413(a)(5); 34 C.F.R. Sec.

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