CRITERIA FOR ENROLLMENT IN SATELLITE PROGRAMS
The seven Spartanburg County school districts are committed to providing a full continuum of
placements to students with disabilities, as required by the Individuals with Disabilities
Education Act, as amended (IDEA). The IDEA statute and its implementing federal regulations,
set forth in Title 34 of the Federal Code of Regulations, Part 300, provide the legal framework
and principles pertaining to the continuum of alternative placements and education in the least
restrictive environment (LRE).
§ 300.115 Continuum of alternative placements.
(a) Each public agency must ensure that a continuum of alternative placements is available to meet the
needs of children with disabilities for special education and related services.
(b) The continuum required in paragraph (a) of this section must—
(1) Include the alternative placements listed in the definition of special education under § 300.38
(instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals
and institutions); and
(2) Make provision for supplementary services (such as resource room or itinerant instruction) to be
provided in conjunction with regular class placement.
(Authority: 20 U.S.C. 1412(a)(5))
In compliance with § 300.115, the Spartanburg County school districts provide for students with
disabilities to be educated in general education classes with supplementary supports and
services, in resource classes and in self-contained classes. As part of the continuum of
placements, some students, to be appropriately served, may be educated in self-contained classes
in separate facilities, in alternative schools, or even in residential, home-based, or homebound
settings. IDEA and its regulations, Section 504 of the Rehabilitation Act of 1973, and Title II of
the Americans with Disabilities Act of 1990 (ADA), and their implementing regulations, all
require that students with disabilities be educated in the least restrictive environment.
§ 300.114 LRE requirements.
Each public agency must ensure that—
(1) To the maximum extent appropriate, children with disabilities, including children in public or private
institutions or other care facilities, are educated with children who are non-disabled; and (ii) Special classes,
separate schooling, or other removal of children with disabilities from the regular educational environment
occurs only if the nature or severity of the disability is such that education in regular classes with the use of
supplementary aids and services cannot be achieved satisfactorily."
§300.116 Placements.
In determining the educational placement of a child with a disability, including a preschool child with a
disability, each public agency must ensure that—
(a) The placement decision—
(1) Is made by a group of persons, including the parents, and other persons knowledgeable about the child,
the meaning of the evaluation data, and the placement options; and
(2) Is made in conformity with the LRE provisions of this subpart, including §§ 300.114 through 300.118;
(b) The child's placement—
(1) Is determined at least annually;
(2) Is based on the child's IEP; and
(3) Is as close as possible to the child's home, unless the parent agrees otherwise;
(c) Unless the IEP of a child with a disability requires some other arrangement, the child is educated in the
school that he or she would attend if non-disabled, unless the parent agrees otherwise;
(d) In selecting the LRE, consideration is given to any potential harmful effect on the child or on the
quality of services that he or she needs; and
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(e) A child with a disability is not removed from education in age appropriate regular classrooms solely
because of needed modifications in the general education curriculum. (Authority: 20 U.S.C. 1412(a)(5))
Given this legal framework, the seven school districts in Spartanburg County have established
the following guidelines for the placement of a student in a satellite class.
CLASSES FOR INTELLECTUALLY DISABLED
1. The student, ages 3-21, must be diagnosed as moderately or profoundly mentally
disabled, according to federal and state criteria. All due process requirements must be
met with
. copies of required paperwork provided to the receiving district.
2. The student cognitive levels and behavior should be such that the student can benefit
from spending time with non-disabled peers.
3. The student's need for related services, behavioral support, or medical care can be
appropriately met in a regular public school setting.
CLASSES FOR EMOTIONALLY DISABLED
1. The student must be diagnosed as emotionally disabled according to federal and state
criteria. All due process requirements must be met with copies of required paperwork
provided to the receiving district.
2. The student must have had a functional behavioral assessment and behavioral
intervention plan (FBA and BIP) in place with results indicating the need for a satellite
self-contained placement.
3. There must exist data indicating that the student requires more support than can be
provided in a district self-contained class, but does not require the level of support
provided in a special school.
CROSS-CATEGORICAL SELF-CONTAINED CLASSES AT THE ALTERNATIVE
SCHOOL
1. The student must be in grades 6-12, have an IEP and documentation of serious emotional
or behavioral issues.
2. The student must have had a FBA and BIP in place with results indicating the need for a
satellite self-contained placement.
3. There must exist data indicating that the student requires more support than can be
provided in a district self-contained class, but does not require the level of support
provided in a special school.
Revised: 9.16.2013
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