[Code of Federal Regulations]

[Title 34, Volume 2]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR300.130]



[Page 23]

 

                           TITLE 34--EDUCATION

 

 CHAPTER III--OFFICE OF SPECIAL EDUCATION AND 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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