Section 5-E3013. PLACEMENT  


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    3013.1The LEA shall ensure that the educational placement decision for a child with a disability is:

     

    (a)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;

     

    (b)Made in conformity with the Least Restrictive Environment (LRE) provision of the Act and § 3011 of this Chapter;

     

    (c)Made within timelines consistent with applicable local and Federal law;

     

    (d)Determined at least annually after his or her initial placement;

     

    (e)Based on the child's IEP; and

     

    (f)Is as close as possible to the child's home.

     

    3013.2Unless the IEP of a child requires some other arrangement, the child shall be educated in the school that the child would attend if not disabled.

     

    3013.3In selecting the LRE, consideration shall be given to any potential harmful effect on the child or on the quality of services that the child needs.

     

    3013.4A child with a disability shall not be removed from education in age-appropriate regular classrooms solely because of needed modifications in the general curriculum.

     

    3013.5If a child with a disability is so disruptive in a regular classroom that the education of other students is significantly impaired, the IEP team:

     

    (a)May determine that the needs of the child with a disability cannot be met in the regular classroom; and

     

    (b)Shall document supplementary aids and services that have been provided, and the specific behaviors and incidents that support the determination.

     

    3013.6The LEA shall place each child in need of special education who requires a non-public day school in a program within the District if a suitable program is available therein. Only if there is no appropriate program within the District shall a child be placed in a program outside of the District.

     

    3013.7In consultation with the parent, the LEA shall place each child with a disability-requiring placement outside the LEA in the program that meets the requirements of the LEA and the child's IEP that is closest to the child's residence.

     

source

Final Rulemaking published at 30 DCR 2972, 2987 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003).