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IDEA Regulatory Requirements (34 CFR §300)
California Education Code Requirements (Title 2,
Division 4, Part 30)
California Code of Regulations
Requirements (Title 5, Division 1, Chapter
IEP Template Section(s)
§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;
(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.
Section 56342(b)
§ 3042. Placement.
(a)
Specific educational placement means
that unique combination of facilities,
personnel, location or equipment necessary
to provide instructional services to an
individual with exceptional needs, as
specified in the IEP, in any one or a
combination of public, private, home and
hospital, or residential settings.
(b) The IEP team shall document its rationale
for placement in other than the pupil's school
and classroom in which the pupil would
otherwise attend if the pupil were not
disabled. The documentation shall indicate
why the pupil's disability prevents his or her
needs from being met in a less restrictive
environment even with the use of
supplementary aids and services.
Section 7. Least Restrictive
Environment
None
Section 56342.1.
…An individual with exceptional needs shall not be
referred to, or placed in, a nonpublic, nonsectarian
school unless his or her individualized education
program specifies that the placement is appropriate.
None
Section 7. Least Restrictive
Environment
§300.117 Nonacademic settings.
In providing or arranging for the provision of nonacademic and extracurricular
services and activities, including meals, recess periods, and the services and
activities set forth in §300.107, each public agency must ensure that each
child with a disability participates with nondisabled children in the
extracurricular services and activities to the maximum extent appropriate to
the needs of that child. The public agency must ensure that each child with a
disability has the supplementary aids and services determined by the child's
IEP Team to be appropriate and necessary for the child to participate in
nonacademic settings.
Section 56345.2 (c)
Section 5. Nonacademic,
Extracurricular, and Social
Activities
§300.106 Extended school year services.
(a) General. (1)
Each public agency must ensure that extended school year
services are available as necessary to provide FAPE, consistent with
paragraph (a)(2) of this section.
(2) Extended school year services must be provided only if a child's IEP
Team determines, on an individual basis, in accordance with §§300.320
through 300.324, that the services are necessary for the provision of FAPE to
the child.
Section 56345 (b)(3)
Pursuant to Section 300.106 of Title 34 of the Code of
Federal Regulations, extended school year services shall
be included in the individualized education program and
provided to the pupil if the individualized education
program team of the pupil determines, on an individual
basis, that the services are necessary for the provision of
a free appropriate public education to the pupil.
§ 3043. Extended School Year.
(d) An extended year program shall be
provided for a minimum of 20 instructional
days, including holidays.
(e) An extended year program, when
needed, as determined by the IEP team,
shall be included in the pupil's IEP.
Section 9. Extended School
Year