---
kind: "section"
citation: "34 C.F.R. § 300.116"
title: "34"
number: "300.116"
heading: "Placements."
url: "https://uscodex.org/cfr/34/300.116"
---

# §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](/cfr/34/300.114..300.118.md);
- (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

### 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.