§ 6-41-204 — Least restrictive environment

(a) Each public agency shall ensure that: (1) To the maximum extent appropriate, a child with a disability, including a child in a public or private institution or other care facility, is educated with children who are nondisabled; and (2) Special classes, separate schooling, or other removal of a child with a disability from the regular educational environment may occur 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. (b) The state funding mechanism shall not: (1) Result in placements that violate the requirements of subsection (a) of this section; or (2) Distribute funds on the basis of the type of setting in which a child is served in a manner that results in the failure to provide a child with a disability free appropriate public education according to the unique needs of the child with a disability, as described in the child's individualized education program.

Legislative History

Acts 1973, No. 102, § 4; A.S.A. 1947, § 80-2118; Acts 1993, No. 294, § 14; 2007, No. 1573, § 36.