34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must 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 §§300.114 through 300.118; 
(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 education curriculum.

Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009