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

Supplementary aids and services (new Sec. 300.42) (proposed Sec. 300.41)

Comment: A few commenters stated that the definition of supplementary aids and services should be changed to mean aids, services, and other supports provided in general education classes or other settings to children with disabilities, as well as to educators, other support staff, and nondisabled peers, if necessary, to support the inclusion of children with disabilities.

Discussion: The definition of supplementary aids and services in new Sec. 300.42 (proposed Sec. 300.41) is consistent with the specific language in section 602(33) of the Act, and refers to aids, services, and other supports for children with disabilities. We do not believe it is necessary to change the definition to include providing aids, services, and supports to other individuals because Sec. 300.320(a)(4) requires each child's IEP to include a statement of the program modifications or supports for school personnel that will be provided to enable the child to be involved in and make progress in the general education curriculum, and to participate in extracurricular and other nonacademic activities.

As noted in the Analysis of Comments and Changes section for subpart B, we have clarified in Sec. 300.107(a) that States must ensure that public agencies take steps to provide nonacademic and extracurricular services and activities, including providing supplementary aids and services determined appropriate and necessary by the child's IEP Team to afford children with disabilities an equal opportunity for participation in those services and activities. We have, therefore, revised the definition of supplementary aids and services in new Sec. 300.42 (proposed Sec. 300.41) to be consistent with this change.

Changes: We have added language in new Sec. 300.42 (proposed

Sec. 300.41) to clarify that supplementary aids and services can be provided in extracurricular and nonacademic settings to enable children with disabilities to be educated with nondisabled children to the maximum extent appropriate.

Comment: None.

Discussion: New Sec. 300.42 (proposed Sec. 300.41) contains an incorrect reference to Sec. 300.112. The correct reference should be to Sec. 300.114.

Changes: We have removed the reference to Sec. 300.112 and replaced it with a reference to Sec. 300.114.