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(7.21) What if there is no regular education teacher willing or available to teach my child?

(7.21) What if there is no regular education teacher willing or available to teach my child?

The lack of adequate personnel or resources does not relieve school districts of their obligation to educate a child in the regular classroom in accordance with a decision by her IEP team or a hearing officer. Placement of a student in a particular regular class based on the competencies of the teacher is permitted. The district has an affirmative responsibility to ensure sufficient numbers of regular education teachers who are qualified (with needed aids and supports) to provide services to students with disabilities in regular educational environments. A district “must not make placement decisions based on [its] needs or available resources, including budgetary considerations and the ability of the public agency to hire and recruit qualified staff.” [71 Fed. Reg. 46540, 46587 (Aug. 14, 2006).