§8-60-17 - Placements.

§8-60-17 Placements. In determining the educational placement of a student with a disability, including a preschool student with a disability, the department shall ensure that:

(1) The placement decision:

(A) Is made by a group of persons, including the parents, and other persons knowledgeable about the student, the meaning of the evaluation data, and the placement options; and

(B) Is made in conformity with the LRE provisions of this subchapter, including sections 8-60-15 through 8-60-18;

(2) The student's placement:

(A) Is determined at least annually;

(B) Is based on the student's IEP; and

(C) Is as close as possible to the student's home;

(3) Unless the IEP of a student with a disability requires some other arrangement, the student is educated in the school that the student would attend if nondisabled;

(4) In selecting the LRE, consideration is given to any potential harmful effect on the student or on the quality of services that the student needs; and

(5) A student with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

[Eff 11/23/09] (Auth: 20 U.S.C. 1412(a)(5); HRS §302A-1112) (Imp: 34 C.F.R. §300.116)

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