Special Education in Plain Language

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Placement

Placement  decision process

What The Law Says

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.  34 CFR 300.116

What The Law Means

Decisions about the placement of a child with a disability must be made by a group of people.  In Wisconsin, that group is the IEP Team. 
Placements must meet the requirements for least restrictive environment (LRE). 
Placement must be decided at least once a year and must be based on the child’s IEP.  The placement must be as close to the child’s home as possible.
Unless the child’s IEP requires something else, the child is educated in the school the child would attend if not disabled.
When the IEP team selects the least restrictive environment, it must consider any possible harmful effects on the child or the quality of the services the child needs.

A school cannot remove a child from the regular classroom just because the child needs to have the curriculum modified.

What Needs To Be Done

The IEP team decides on the special education placement for a child with a disability.

 

Placement decisions must meet the requirements for LRE.

 

Each child’s placement must be decided at least once a year.  The child’s placement is based on the IEP.  Placement must be as close as possible to the child’s home. Unless the child’s IEP requires something else, the placement must be in the school the child would otherwise attend.

 

In deciding on a placement, the IEP team has to consider any harmful effects on the child and on the quality of services the child needs.

 

Children with disabilities cannot be removed from regular classes only because modifications are needed in the general curriculum.


What Parents Need to Know or Do

In Wisconsin, the IEP team, which includes the parent, decides the educational placement.
The IEP team has to think about many things in deciding on a placement.  The IEP team must consider the LRE requirements (see LRE). 
The placement must be decided at least once a year.  The services are based on the IEP and provide an appropriate education.  The placement must be as close to the child’s home as possible.  Unless the child needs something else, the child should be educated in the school the child would attend if he did not have a disability.  Sometimes the IEP cannot be carried out at the school the child would attend if he did not have a disability.  Then the services must be at the closest possible school where the IEP can be carried out.
The team considers how the child will do and how well services can be delivered in the environment or school chosen.

 

A school cannot remove a child from the regular classroom just because the child needs to have the curriculum modified.