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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 34 - Education |
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Subtitle B - Regulations of the Offices of the Department of Education |
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Chapter III - Office of Special Education and Rehabilitative Services, Department of Education |
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Part 300 - Assistance to States for the Education of Children With Disabilities |
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Subpart E - Procedural Safeguards Due Process Procedures for Parents and Children |
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Least Restrictive Environment (LRE) |
§ 300.552 - Placements.
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In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency shall 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 §§ 300.550-300.554;
(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 curriculum.