Ed_banner_left Ed_banner_right
U.S. Department of Education: Promoting Educational Excellence for all Americans

Participation with nondisabled children (Sec. 300.320(a)(5))

Comment: Many commenters recommended that Sec. 300.320(a)(5), regarding the participation of children with disabilities with nondisabled children, follow the language in section 614(d)(1)(A)(i)(V) of the Act and use the term "regular class" instead of "regular educational environment." One commenter stated that parents, school staff, and the community consider the "regular class" to be the place where a child's nondisabled peers go to school, while "regular educational environment" is interpreted to be anywhere in the school, such as down the hallway, in a separate wing of the school, or across the lunch room. One commenter stated that the term "regular education environment" could be interpreted to mean only special classes such as art, music, and gym. A few commenters recommended defining "regular education environment" to mean the participation of children with disabilities with their nondisabled peers in the regular classroom and other educational settings, including nonacademic settings.

Discussion: We agree that use of the term "regular educational environment" may be misinterpreted. Therefore, we will revise Sec. 300.320(a)(5) to require the IEP to include an explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class.

Changes: We have changed Sec. 300.320(a)(5) to refer to the "regular class" instead of the "regular education environment."

Comment: One commenter recommended adding language to Sec. 300.320(a)(5) for preschool children with disabilities and stated that "regular education environment" should be replaced with "settings with typically developing peers."

Discussion: Section 300.320(a)(5) follows the language in section 614(d)(1)(A)(i)(V) of the Act and applies to all children with disabilities covered by Part B of the Act, which includes preschool children under section 619 of the Act. We do not believe it is necessary to change the regulations in the manner suggested by the commenter because the "regular class" includes a preschool setting with typically developing peers.

Changes: None.