§ 300.116. Placements.
200 words·~1 min read·
/us/cfr/t34/s§ 300.116·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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;
(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 nondisabled;
(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
(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. (Approved by the Office of Management and Budget under control number 1820-0030) (Authority: 20 U.S.C. 1412(a)(5))
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