Section 281.41.116. Placements.

       41.116(1) General. In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure the following:

        a.           The placement decision shall be made:

       (1)             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)             In conformity with the LRE provisions of this chapter, including rules 281—41.114(256B,34CFR300) to 281—41.118(256B,34CFR300);

        b.           The child’s placement shall be:

       (1)             Determined at least annually;

       (2)             Based on the child’s IEP; and

       (3)             Located 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 shall be educated in the school that he or she would attend if nondisabled;

        d.           In selecting the LRE, the agency shall consider any potential harmful effect on the child or on the quality of services that he or she needs; and

        e.           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.

       41.116(2) Special rule: Iowa Code section 282.9. For eligible individuals subject to Iowa Code section 282.9, any decision of educational setting for such eligible individuals shall be made in accordance with this rule.

       41.116(3) Special rule: disciplinary placements. If a child is placed in an interim alternative educational setting pursuant to rules 281—41.530(256B,34CFR300) and 281—41.531(256B,34CFR300), that setting shall be determined by the IEP team.

       41.116(4) Special considerations. The team establishing the eligible individual’s placement must answer the following questions.

        a.           Questions concerning least restrictive environment. When developing an eligible individual’s IEP and placement, the team shall consider the following questions, as well as any other factor appropriate under the circumstances, regarding the provision of special education and related services:

       (1)             What accommodations, modifications and adaptations does the individual require to be successful in a general education environment?

       (2)             Why is it not possible for these accommodations, modifications and adaptations to be provided within the general education environment?

       (3)             What supports are needed to assist the teacher and other personnel in providing these accommodations, modifications and adaptations?

       (4)             How will receipt of special education services and activities in the general education environment impact this individual?

       (5)             How will provision of special education services and activities in the general education environment impact other students?

        b.           Additional questions concerning special school placement. When some or all of an eligible individual’s special education is to be provided in a special school, the individual’s IEP, or an associated or attached document, shall include specific answers to the following additional four questions:

       (1)             What are the reasons the eligible individual cannot be provided an education program in an integrated school setting?

       (2)             What supplementary aids and supports are needed to support the eligible individual in the special education program?

       (3)             Why is it not possible for these aids and supports to be provided in an integrated setting?

       (4)             What is the continuum of placements and services available for the eligible individual?

       41.116(5) Out-of-state placements. When special education and related services appropriate to an eligible individual’s needs are not available within the state, or when appropriate special education and related services in an adjoining state are nearer than the appropriate special education and related services in Iowa, the director may certify an eligible individual for appropriate special education and related services outside the state in accordance with Iowa Code section 273.3 when it has been determined by the department that the special education and related services meet standards set forth in these rules.

       41.116(6) Department approval for out-of-state placement. Contracts may be negotiated with out-of-state agencies, in accordance with Iowa Code section 273.3(5), with department approval. The department uses the following procedures to determine if an out-of-state agency meets the rules of the board:

        a.           When requested to determine an agency’s approval status, the department contacts the appropriate state education agency to determine if that state’s rules are comparable to those of the board and whether the specified out-of-state agency meets those rules.

        b.           If the appropriate state education agency’s rules are not comparable, the department will contact the out-of-state agency to ascertain if its special education complies with the rules of the board.

       41.116(7) Trial placements. Prior to transfer from a special education program or service, an eligible individual may be provided a trial placement in the general education setting of not more than 45 school days. A trial placement shall be incorporated into this individual’s IEP.