(1) When determining the educational placement of a student eligible for special education including a preschool student, the placement decision shall be determined annually and made by a group of persons, including the parents, and other persons knowledgeable about the student, the evaluation data, and the placement options.
(2) The selection of the appropriate placement for each student shall be based upon:
(a) The student's IEP;
(b) The least restrictive environment requirements contained in WAC 392-172A-02050
, including this section;
(c) The placement option(s) that provides a reasonably high probability of assisting the student to attain his or her annual goals; and
(d) A consideration of any potential harmful effect on the student or on the quality of services which he or she needs.
(3) Unless the IEP of a student requires some other arrangement, the student shall be educated in the school that he or she would attend if nondisabled. In the event the student needs other arrangements, placement shall be as close as possible to the student's home.
(4) A student shall not be removed from education in age-appropriate general classrooms solely because of needed modifications in the general education curriculum.
(5) Notwithstanding subsections (1) through (4) of this section, an IEP team, or other team making placement decisions for a student convicted as an adult and receiving educational services in an adult correctional facility, may modify the student's placement if there is a demonstrated bona fide security or compelling penological interest that cannot otherwise be accommodated.
[Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. 07-14-078, § 392-172A-02060, filed 6/29/07, effective 7/30/07.]