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Notes

34 C.F.R. §§ 300.115–300.120

6 sections in range

§300.115. Continuum of alternative placements.

34 C.F.R. § 300.115

(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 § 300.39 (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.
Notes, amendments, and revision history

Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 29759, June 30, 2017]

Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.

Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 29759, June 30, 2017]

§300.116. Placements.

34 C.F.R. § 300.116

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.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.

§300.117. Nonacademic settings.

34 C.F.R. § 300.117

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities set forth in § 300.107, each public agency must ensure that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of that child. The public agency must ensure that each child with a disability has the supplementary aids and services determined by the child's IEP Team to be appropriate and necessary for the child to participate in nonacademic settings.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.

§300.118. Children in public or private institutions.

34 C.F.R. § 300.118

Except as provided in § 300.149(d) (regarding agency responsibility for general supervision of some individuals in adult prisons), an SEA must ensure that § 300.114 is effectively implemented, including, if necessary, making arrangements with public and private institutions (such as a memorandum of agreement or special implementation procedures).
Notes, amendments, and revision history

Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61306, Oct. 30, 2007]

Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.

Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61306, Oct. 30, 2007]

§300.119. Technical assistance and training activities.

34 C.F.R. § 300.119

Each SEA must carry out activities to ensure that teachers and administrators in all public agencies—
(a)
Are fully informed about their responsibilities for implementing § 300.114; and
(b)
Are provided with technical assistance and training necessary to assist them in this effort.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.

§300.120. Monitoring activities.

34 C.F.R. § 300.120

(a)
The SEA must carry out activities to ensure that § 300.114 is implemented by each public agency.
(b)
If there is evidence that a public agency makes placements that are inconsistent with § 300.114, the SEA must—
(1)
Review the public agency's justification for its actions; and
(2)
Assist in planning and implementing any necessary corrective action.
Notes, amendments, and revision history

Authority

Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.

Source

Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.