[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR300.130]

[Page 23]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 300--ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES--Table of Contents
 
                 Subpart B--State and Local Eligibility
 
Sec.  300.130  Least restrictive environment.

    (a) General. The State must have on file with the Secretary 
procedures that ensure that the requirements of Sec. Sec.  300.550-
300.556 are met, including the provision in Sec.  300.551 requiring a 
continuum of alternative placements to meet the unique needs of each 
child with a disability.
    (b) Additional requirement. (1) If the State uses a funding 
mechanism by which the State distributes State funds on the basis of the 
type of setting where a child is served, the funding mechanism may not 
result in placements that violate the requirements of paragraph (a) of 
this section.
    (2) If the State does not have policies and procedures to ensure 
compliance with paragraph (b)(1) of this section, the State must provide 
the Secretary an assurance that the State will revise the funding 
mechanism as soon as feasible to ensure that the mechanism does not 
result in placements that violate that paragraph.

(Authority: 20 U.S.C. 1412(a)(5))

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