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Code of Federal Regulations Title 34. Education § 34.300.116 Placements

Current as of January 02, 2025 | Updated by Findlaw Staff

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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Cite this article: FindLaw.com - Code of Federal Regulations Title 34. Education § 34.300.116 Placements - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-34-education/cfr-sect-34-300-116/

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