The program placement should be determined based on your child’s needs as described in his IEP. [34 C.F.R. Secs. 300.39, 300.116(b)(2) & 300.320(a)(4).] The intent of the law is that the program be based on the unique needs of your child, rather than the programs available in the school district. If a program which meets your child’s unique needs does not exist, the school district is required to secure a program (for example, modifying an existing program, providing for an interdistrict transfer or paying for a nonpublic school placement as appropriate).