300.107 - Nonacademic services

The Least Restrictive Environment (LRE) is not limited to a classroom and must be a consideration of IEP Teams for both academic and nonacademic settings. According to 34 CFR §300.117 of the IDEA, which is specific to nonacademic settings, districts must provide opportunities for each student with a disability to participate in nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in 34 CFR §300.107, with nondisabled students to the maximum extent appropriate to the needs of the student.

Sec. 300.107 Nonacademic services - IDEA
The State must ensure the following:

(a) Each public agency must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the child’s IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.

(b) Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the public agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the public agency and assistance in making outside employment available.

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When Policy Pretends Disability Doesn’t Exist