§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—
The placement decision—
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
Is made in conformity with the LRE provisions of this subpart, including §§ 300.114 through 300.118;
The child's placement—
Is determined at least annually;
Is based on the child's IEP; and
Is as close as possible to the child's home;
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;
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
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.