In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that:
(1) The placement decision is made:
(A) By a group of persons, including the parents and other persons knowledgeable about the:
- (i) Child;
- (ii) Meaning of the evaluation data; and
- (iii) Placement options; and
- (B) In conformity with the LRE provisions of 6 CAR § 130-1301 and 34 C.F.R. §§ 300.114 – 300.118;
(2) The child’s placement is:
- (A) Determined at least annually;
- (B) Based on the child’s IEP; and
- (C) As close as possible to the child’s home;
- (3) 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;
- (4) 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
- (5) 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.
Codification Notes: “LRE” means least restrictive environment.