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(5.33) If my child is placed full time in a regular classroom is she entitled to receive related services?

(5.33) If my child is placed full time in a regular classroom is she entitled to receive related services?

Yes.  The education program for all students in special education must be based on individual needs.  [34 C.F.R. Sec. 300.39(a).] Any student who meets the eligibility requirements for special education is entitled to the related services needed to help her benefit from special education.  [34 C.F.R. Sec. 300.17.]

Special education law favors placement in regular classrooms whenever possible.  [20 U.S.C. Sec 1412(a)(5)(A); 34 C.F.R. Sec. 300.114(a)(2)(i).]  Students are entitled to the supportive services that enable them to attend school or to function in a regular classroom environment.  [Cal. Ed. Code Sec. 56364.2.] State regulations also say explicitly that related services may be provided to students “who are served throughout the full continuum of educational settings.”  [5 C.C.R. Sec. 3051(a)(1); see Chapter 7, Information on Least Restrictive Environment.]

Students with disabilities who are not eligible for special education, but who qualified for services under Section 504 of the Rehabilitation Act of 1973 (See Chapter 16 Information on Section 504 and Disability-Based Discrimination) are eligible for related aids and services which are designed to meet their individual educational needs as adequately as the needs of students without disabilities are met.  [34 C.F.R. Sec. 104.33(b); Cal. Gov. Code Sec. 11135.]