Delaware Administrative Code
Title 14 - Education
900 - Special Populations
923 - Children with Disabilities Subpart B General Duties and Eligibility of Agencies
Section 923-16.0 - Placements
Current through Register Vol. 28, No. 3, September 1, 2024
16.1 In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency shall ensure that the placement decision 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 is made in conformity with the LRE provisions of this regulation, including Sections 14.0 through 18.0.
16.2 The child's placement shall be determined at least annually; shall be based on the child's IEP; and shall be as close as possible to the child's home.
16.3 Unless the IEP of a child with a disability requires some other arrangement, the child shall be educated in the school that he or she would attend if nondisabled.
16.4 In selecting the LRE, consideration shall be given to any potential harmful effect on the child or on the quality of services that he or she needs.
16.5 A child with a disability shall not be removed from education in age appropriate regular classrooms solely because of needed modifications in the general education curriculum.
(Authority: 20 U.S.C. 1412(a)(5); 14 Del.C. § 3110)
