(a) General.

1. (1) Each public agency shall ensure that:

   1. (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
   2. (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.

2. (2) Determination of least restrictive environment is made on an individual basis, taking into account both the:

   1. (A) Service or services needed; and
   2. (B) Placement in which the child’s IEP can be implemented appropriately.

(b) Continuum of alternative placements.

1. (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.

2. (2) The continuum required in subdivision (b)(1) of this section must:

   1. (A) Include the alternative placements listed in the definition of “special education”, which includes:

(i) Instruction in regular classes;

1. (ii) Special classes;

   1. (iii) Special schools;

      1. (iv) Home instruction; and
      2. (v) Instruction in hospitals and institutions; and
   2. (B) Make provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.
2. (3) The continuum of alternative placements displayed on chart #1-17 of this section delineates service delivery systems.

3. (4) Any child three (3) to twenty-one (21) years of age who, because of the severity or nature and/or extent of the disability, requires homebound or hospital instruction must have the:

   1. (A) 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
   2. (B) IEP and subsequent placement reviewed every three (3) months. 1 2 3 4 5 6 7 8 9