34 C.F.R. § 300.116 : Education — REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION — OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION — ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES — STATE ELIGIBILITY —LEAST RESTRICTIVE ENVIRONMENT (LRE) — 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;
(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.

34 C.F.R. § 300.116

Authority: 20 U.S.C. 1412(a)(5)

Approved by the Office of Management and Budget under control number 1820-0030