Opinion Approving Settlement - Public Interest Law Center of ...

Case 2:94-cv-04048-ER Document 330 Filed 09/19/2005 Page 9 of 51(3) before considering removal of a student with disabilitiesfrom a regular education classroom, the IEP team must firstdetermine whether the goals in the student’s IEP can beimplemented in a regular education classroom with supplementaryaids and services; and (4) school districts will consider thefull range of supplementary aids and services, based on peerreviewedresearch to the extent practicable, that can be utilizedin regular education classrooms before contemplating removal of astudent with disabilities from a regular classroom. (Id. atProvision IV.1(A).)Second, when non-PDE Commonwealth agencies or privateagencies are required to provide a free appropriate publiceducation in the least restrictive environment, “the serviceswill be provided, coordinated, and paid in accordance with theinteragency coordination [set forth in the] Memorandum ofUnderstanding entered into among PDE, the Pennsylvania Departmentof Public Welfare, the Pennsylvania Department of Labor andIndustry, and the Pennsylvania Department of Health.” (Id. atProvision IV.1(B).)Third, students who are entitled to gifted support or5Chapter 15 accommodations will have one IEP that incorporates5As Chapter 15 of Pennsylvania’s Administrative Code onEducation provides:(a)This chapter addresses aschool district's9