Current through September, 2024
Section 8-60-17 - PlacementsIn 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 )