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 (C.F.R.), 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.

Related Resources

Statutes, 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
• Florida Statute 1003.57
• Florida’s Educational Opportunities for Students with Sensory Impairments
• FLDOE’s Deaf/Hard of Hearing Webpage

Videos, Handouts, 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 Educational Resources
• RMTC-DHH’s TA-Live! Webinar “What is ‘Special’ about Special Education for Students who are DHH?”
• RMTC-DHH FAQs on Educational Policy, Placement, and Procedures

 

The information contained in the FAQs does not constitute legal advice. RMTC-DHH does not endorse or sponsor any one product. Please refer to the original sources listed in each FAQ for more information.