§ 300.116 Placements.

Plain English summary

This section requires public agencies to follow specific procedures when determining educational placements for children with disabilities, including preschool children. Placement decisions must be made by a knowledgeable group including parents, conform to LRE requirements, be reviewed at least annually, be based on the child's IEP, and be as close to the child's home as possible. Children with disabilities may not be removed from age-appropriate regular classrooms solely due to needed curriculum modifications.

Key requirements

• 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.
• The placement decision 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.
• The child's placement is based on the child's IEP.
• The child's placement 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.
• 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

• public agencies
• children with disabilities
• preschool children with disabilities
• parents
• IEP teams
• general education teachers
• special education personnel

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.116