Resource Materials and Technology Center for the Deaf/Hard of Hearing

Who decides the student’s placement?

The Individuals with Disabilities Education Act (IDEA) section 300.116(a)(1) of Title 34, Code of Federal Regulations (CFR), says that: 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency shall ensure that the placement decision is made by a group of persons, including the parents, and other persons knowledgeable about the childthe meaning of the evaluation data, and the placement options. [emphasis added].

In almost every case, this “group of persons” is the IEP team. Parents are a key part of the IEP team and have a say in the decision regarding placement.

See more under the “What is ‘Placement’?” FAQ and LRE FAQ.

Supporting Resources:

Statutes, Technical Assistance Papers (TAPs), other legal references 
Other resources
Online PD


The information contained in the FAQs does not constitute legal advice. Please refer to the original sources listed in each FAQ for more information.