School districts must ensure that:

1. (1) The educational placement of a child with a disability:

   1. (a) Is determined 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;
   2. (b) Is made in conformity with the Least Restrictive Environment (LRE) provisions of OAR 581-015-2240 to 581-015-2255.
   3. (c) Is based on the child's current IEP;
   4. (d) Is determined at least once every 365 days; and
   5. (e) Is as close as possible to the child's home;
2. (2) The alternative placements under OAR 581-015-2245 are available to the extent necessary to implement the IEP for each child with a disability;
3. (3) Unless the child's IEP requires some other arrangement, the child is educated in the school that he or she would attend if not disabled;
4. (4) In selecting the least restrictive environment, consideration is given to any potential harmful effect on the child or on the quality of services which he or she needs; and
5. (5) A child with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum.

Statutory/Other Authority

ORS 343.041 & 343.045 & 343.055

Statutes/Other Implemented

ORS 343.045 & 343.155, 34 CFR 300.116 & 300.327

History

Renumbered from 581-015-0061, ODE 10-2007, f. & cert. ef. 4-25-07
ODE 2-2003, f. & cert. ef. 3-10-03
ODE 31-1999, f. 12-13-99, cert. ef. 12-14-99
EB 11-1995, f. & cert. ef. 5-25-95
1EB 269, f. & ef. 12-22-77