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 child, the 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	U.S. Department of Education: Policy Letter on LRE Education Deaf Student Services Guidelines Dear Colleague Letter Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools “Meeting the Communication Needs of Students with Hearing, Vision, or Speech Disabilities” Fact Sheet   Section 1003.57, Florida Statutes (F.S.)    Florida’s Educational Opportunities for Students with Sensory Impairments   FDOE’s Deaf/Hard of Hearing Webpage
Other resources	NASDSE’s Optimizing Outcomes for Students who are Deaf or Hard of Hearing Educational Service Guidelines   Supporting Success for Children with Hearing Loss   Clerc Center’s Laws Impacting Students who are D/HH   RMTC-D/HH’s LRE FAQ   RMTC-D/HH’s “What is ‘Placement’?” FAQ
Online PD	Clerc Center’s Educational Resources   RMTC-D/HH’s TA-Live! Webinar “What is ‘Special’ about Special Education for Students who are D/HH”

 

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