May The Nature or Severity Of A Child's Disability Be Used To Justify A Segregated Educational Setting?

According to South Carolina's Office of Exceptional Children Policies and Procedures released April 6, 2009, all children with disabilities have the right to an education in the least restrictive environment based on their individual educational needs, not the "label" that describes their disability. Schools must ensure that to the maximum extent appropriate, children with disabilties, including children in public or private institutions or other care facilities, are educated with children who are nondisabled.

Special classes, separate schooling, or other removal of children with disabilities from the general education environment occurs only if the nature of severity of the disability is such that education in general education classes with the use of supplementary aides and services cannot be achieved satisfactorily (34 C.F.R. 300.114(2)).