NC 1501-3.3 Placement Decisions

Plain English summary

This regulation governs how LEAs must make educational placement decisions for children with disabilities, including preschool children. Placement must be made by the IEP Team, conform to Least Restrictive Environment (LRE) requirements, be reviewed at least annually, and be based on the child's IEP. Children must be educated in their home school or as close to home as possible unless the IEP requires otherwise, and cannot be removed from age-appropriate regular classrooms solely due to needed curriculum modifications.

Key requirements

• The placement decision is made by the IEP Team, which includes the parents and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options
• The placement decision conforms to LRE requirements
• The child's placement on the continuum is determined at least annually
• The child's placement is based on the child's IEP
• 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
• If the child cannot be educated in the school he or she would attend if nondisabled, the child is educated as close to the child's home as possible
• 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
• 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

Affected parties

• Local Education Agencies (LEAs)
• Children with disabilities
• Preschool children with disabilities
• IEP Teams
• Parents of children with disabilities

Official source

https://www.dpi.nc.gov/documents/publications/catalog/ec144-policies-governing-services/open#page=28