Exceptions to NE/LRE in Early Childhood Settings

(A) A statement that each early intervention service is provided in the natural environment for that child or service to the maximum extent appropriate, consistent with §§303.13(a)(8), 303.26 (payor of last resort) and 303.126 (definition of natural environment), or, subject to paragraph (d) (1)( ii)(B) of this section, a justification as to why an early intervention service will not be provided in the natural environment.

B) The determination of the appropriate setting for providing early intervention services to an infant or toddler with a disability, including any justification for not providing a particular early intervention service in the natural environment for that infant or toddler with a disability

34 CFR §303.344 d(1)ii Content of an IFSP
 

4) Ensure that early intervention services shall be provided:

(b) In a setting other than a natural environment only if early intervention cannot be achieved satisfactorily in a natural environment;

13A.13.01.08 Program & Service Components-IFSP
 

2. Each public agency must ensure that—

 (ii) 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 of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”

34 CFR § 300.114(a)(2)(ii) LRE Requirements
 

A. General. A public agency shall ensure that:

(2) Special classes, separate schooling, or other removal of students 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, as described in Regulation .09A(1)(d) and (e) of this chapter, cannot be achieved satisfactorily.

13A.05.01.10 LRE
 

(a) 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.

(b) The continuum required in paragraph (a) of this section must--

(1) Include the alternative placements listed in the definition of special education under Sec. 300.38 (instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions); and

(2) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

34 CFR § 300.115 Continuum of alternative placements. 

B. Continuum of Alternative Placements. A public agency shall ensure that:

(1) A continuum of alternative placements is available:
(a) To the extent necessary to implement the IEP; and

(b) To meet the needs of students with disabilities for special education and related services;

(2) Alternative placements include the settings as listed in Regulation .03B(71) of this chapter; and

(3) Provisions for supplementary services, such as resource room and itinerant instruction, are available in conjunction with regular class placement.

13A.05.01.10 LRE