The Wrightslaw Way

to Special Education Law and Advocacy

The Wrightslaw Way random header image

Parent Involvement in Placement Decisions

by Wrightslaw

My child attends school ‘out of district’ because our district had no program for a multiple needs-high needs student. He has one year left of school (age 20).

Now the home school district wants to save money by making a new classroom for this program. My son will need to move and adjust to another change. No one feels it is in his best interests to be moved.

Decisions about placement are to be made after the child’s IEP is developed. Parents are members of any team that develops the IEP and decides on placement.

IDEA Section 1414(e) requires that the school “…ensure that the parents of each child with a disability are members of any group that makes decision on the educational placement of their child.”

If the school places a child in a private placement because they could not meet his/her unique and complex needs…

And then the school decides to return the child to the public school without holding an IEP meeting where this decision is made…

The school has predetermined the child’s placement.

Courts have held that schools may not predetermine placement. The placement decision must be made by the team.

If the parents, staff at the private placement, etc. disagree with a proposed placement, the school is required to provide them with written notice. Written notice (PWN) includes several requirements. See IDEA Section 1415(b)(3).

If a parent decides to fight this, and because the law is interpreted differently around the country, I would advise the parent to consult with an attorney who has expertise in special education law and litigation.

I doubt you actually need to retain an attorney. In this case, a parent does need advice about how to proceed so their child can remain in the current educational placement.

If there is litigation, the current placement becomes the “stay put” placement – the child must remain in that placement until litigation ends.

Print Friendly

Tags:   · · · · · · 60 Comments

Leave A Comment

60 responses so far ↓

  • 1 Jenny 03/21/15 at 6:12 pm

    I requested an Independent evaluation for my child because I didn’t agree with the county’s evaluation or placement. When the psychologist gave me back the report she stated that one of the teachers wrote that my child “only sometimes goes to school clean.” When I asked the principal about this he reported that the teacher said that on one occasion my child asked the teacher to change her shirt because it was dirty. Even if this was true the report that my child only sometimes goes to school clean will stay in her record forever. The school will not change this and the report is inaccurate. It is very disturbing to us because it seems that the teachers lied and marked our child low on every possible option so that they would send her to a self-contained autism class. The teacher lied. Is there anything else we could do?

  • 2 Wrightslaw 02/27/15 at 12:58 pm

    Lisa: Get out your Special Education Law book and get up to speed on your rights and your child’s rights. You are part of the IEP Team that develops and reviews your child’s IEP. IDEA requires the IEP be reviewed “not less frequently than annually” – to determine whether your child’s goal are being met and if he is making/not making progress.

    Did the IEP team determine this before “the teacher gave” you the IEP?

    Who’s on the team: 20 U.S.C. 1414(d)(1)(B) Parents are listed first in the law as a member of the team. Your child’s teacher is also “one” of the members.

    How the IEP is developed: 20 U.S.C. 1414(d)(3)

    Requirements for review and revision (during the year, or at least once a year): 20 U.S.C. 1414(d)(4)

    Wrightslaw: All About IEPs, Chapter 3, Parent Participation and Consent and Chapter 11, Reviewing and Revising the IEP will be a big help.

    Another good article to read: How Can I Get My Child’s IEP Changed?

  • 3 Lisa 02/25/15 at 9:48 pm

    My daughters special ed teacher decided to give us the same IEP from last year??? Is this legal, she didn’t even make out a new one!

  • 4 CindyC 09/15/14 at 4:00 pm

    My daughter is ID with severe cognitive disabilities, her Neuro-Psych testing showed she has the mental age of 3-5 year old. She has ED just recently was diagnosed with Schizo-Effective disorder. I had to pull her out of her freshman year in highschool because school had become a trigger for the ED and SE. Since Junior High I have been fighting with them for a proper placement. Will doctors and the Neuoro Psych results be enough to get her into the right program? Advocates and Attorneys cost a fortune!!

  • 5 Jacque 06/30/14 at 12:38 am

    My nephews district changed their ESY placement from self contained special ed to co-taught general ed, since this is what the district offers. I did not agree to the change but did agree to observe the program as the district stated it would meet their needs. I later received an IEP with the ESY placement changed. I observed the placement and it does not meet their needs, but the district says they don’t offer anything else. What to do?

  • 6 Marie 03/30/14 at 10:15 pm

    Our son is a out of district transfer student to a small rural school. Over all he has been accepted by the kids and likes most of the teachers and staff. We have had on going issues with one para’s attitude and lack of following the IEP and the sped teacher off and on. We’ve tried to just get a long but have meet with the administration 2 times. After the second meeting the sped teacher met with one of our sons coaches and told him the school might not let him return next yr is he didn’t get along with them. Further they were no longer going to help him.
    Under what grounds can they refuse to allow him to return next yr? He makes a’s and b’s and the only discipline problem was when he was frustrated and needed a break, as allowed in his IEP, and they refused.

  • 7 Bobby 03/27/14 at 2:59 pm

    My stepson has trisomy 9q, nonverbal, doesn’t walk, fed through g tube. School district has failed him in regards to IEP . No general education. Denied placement at special school. Do step parents count as a vote in placement process?

  • 8 Sue 01/08/14 at 1:10 pm

    Placed son in specialized private school after public refused to provide accommodations to meet his needs. First year of private went well until end very end of the year. Son developed huge anxiety this year (I have shown both schools that he has a very severe executive function deficit-dx. with ADHD-combinded type. School wants to place him in a therapeutic LD school or deem him an emotional or behavioral problem. Evidence is clear as to diagnosis. School may try to change eligibility to meet their needs, not his. Private school asked us to withdraw him before his annual IEP meeting. Current IEP is NOT appropriate to meet his needs.
    He is now at home on medical leave. Local attorney told us she couldn’t help us.

  • 9 Jessica 09/01/13 at 11:19 am

    I have a question. The school place my son in a self contained class without even consulting me. I had no part to the decision. They made the decision without including me and the IEP is not even set. Can they do that?

  • 10 Wrightslaw 06/11/13 at 4:18 pm

    Kudos to you, mom, for not taking the summer off from advocating for your son’s needs! The first question to ask your school is what attempts have been made to find a teacher-of-the-deaf (ToD) for ESY? All too often, the (usually unstated) answer is that the school hasn’t actually tried to find a qualified individual. Schools often build their summer school staff from teachers who want the extra bucks for the light-load of ESY teaching. It’s uncommon to find a school that plans for ESY based on the needs of the students themselves.

    So start asking (in writing) the standard Wrightslaw 5-W’s plus H plus E: what, when, who, where, why, how, and politely ask them to explain their answers in a written response. This will show whether the school has indeed made a good faith effort to find a certified ToD. It’s certainly appropriate to ask your son’s regular ToD if s/he was recruited for ESY. That would shed additional light on the subject. If their demonstrated attempts have been unsuccessful, then ask what is available in the neighboring district or reasonably reached region. The possibility of the school transporting your son to an ESY opportunity staffed by a qualified ToD must be considered since it is on his IEP.

  • 11 Abby 06/04/13 at 7:40 pm

    My son will be receiving ESY beginning on July 15. He is Deaf and currently has a deaf ed certified teacher. His IEP states this as well. My question/concern is that the school is saying they can not find a deaf ed teacher for my sons one month of ESY in the summer.
    What can I do as a parent to make sure that they have a qualified teacher in place and are following his IEP.

  • 12 Bridget 05/31/13 at 1:04 pm

    PLEASE HELP – MY 9yr old son had just been diagnosed with PDD-NOS and SPD!His current IEP Disablity label is OHI/ SEVERE SPEECH IMPAIREMENT – he also has ADHD,severe anxiety disorder, as well as other medical problems. The school are saying that they will not change his diagnosis on his IEP and are going to leave it as OHI! Are they allowed to do this?? PLEASE HELP

  • 13 Tiffany 04/15/13 at 2:24 pm

    My daughter is in a first grade inclusion classroom with SPED and IA support. She has made progress and/or met all of her IEP goals this year. Her IEP team has decided that she needs to receive pullout special ed services next year for 60 min. of math and 75 min. of reading. It is my understanding that if she is making progress toward her IEP goals that we should not have to change her placement, I’m I correct? The school’s argument is that my daught is further behind everyone else acdemically and she will need specialized instruction that cannot be delievered in the classroom. We feel if she is making progress both academically and socially she is in the correct placement?

  • 14 ruth 03/06/13 at 2:34 pm

    tengo un hijo de 18 anos con autismo el distrito quierecortar la terapia de habla en grupos de 3 y dar a todo el grupo de una sola vez. ellos le llaman terapia programada, No aparecera en IEP como mandatorio . Si no en los comentarios de IEP. mi hijo califica para recivir educacion hasta que cumpla 21. Por ahora no firme. Debido a los recortes economicos, hay demasiados problemas .Tenemos que luchar para que el reciva por lo menos 3 secciones de terapia de habla en grupo de 2 0 3. esta situacion es muy dificil como madre quisiera dar a mi hijo la mejor educacion.

  • 15 Michelle 10/31/12 at 12:58 pm

    I am currently trying to have my daughter placed in the school district in a local area public school due to ongoing harassment and bullying by a large group of her peers. Can this be achieved through an iep meeting with her iep following her to the new district?

  • 16 Sharon L. 01/08/12 at 10:15 am

    Monica – My son has dyslexia and I was told that the laws are changing to allow students to be read to that qualify for it. In other words the student has to be diagnosed as having dyslexia or some other impairment that qualifies for him or her to have tests read to them. My other two sons used to get the tests read to them but do not qualify now because they are ADHD and ADD/SLD only. I don’t agree but that is what they are doing in our state (ohio).

  • 17 Lou 01/05/12 at 1:14 pm

    The IEP team is refusing to move my daughter (she does not speak) to an established school that communicates in sign because she is not deaf. There are two other children that are not deaf in that classroom. They made an exception for the one boy after a long battle with the school board. They will not do the same for my daughter. We are on the fence with filing a “due process” application. They do not sign at her present school. Signing is her main means of communication. Any suggestions for convincing this IEP team to agree with placing my daughter at this other location ? thank you. Lou

  • 18 monica 01/03/12 at 11:25 pm

    I was wondering, does anyone have any information of the laws that are changing in Kentukcy for trying to get an IEP for your child? I was informed that the laws are changing in Kentucky that will not allow children to have certain stuff read to them when they have a reading disability, or an iep for that. I was also told that your kentucky school system was okay with the law as that they were trying to change. Can someone help me with this to get it stopped to help the kids….Thanks….

  • 19 Peggy 01/03/12 at 12:59 pm

    Does stay-put last through ALL appeals all the way to the Supreme Court?

  • 20 Julie 01/03/12 at 12:00 pm

    I am finding that is not always the case even though it should be. I have a couple of families that I am working with that their child’s placement was changed with in the school with out the parent’s approval. I have the parents requesting an IEP meeting and showed them your website along with the IDEA regs you gave us in your books to reference so when they go into the next meeting they can be prepared and get her into the correct placement. The child was moved from secluded classroom settings to mainstreamed and the parents did not feel they were ready.

  • 21 Jodi 01/03/12 at 11:55 am

    Our daughter has a classification of EBD. She has bipolar disorder and is 13. She has been in a point/level system for 5 years which basically has meant that she has to “earn” her way into regular ed classes and priveleges such as eating lunch with reg ed peers. She is placed in an alternative high school and spends half of her day with other EBD kids, all boys. We want to unilaterally remove her from this placement and place her in a nearby charter school. We will want our home district to pay for transportation. Besides giving 10 day notice, is there anything else we need to do? Thank you.

  • 22 Adrianna 05/16/11 at 11:43 am

    What does it mean when the IEP is written in DRAFT, by the Spec Ed Teacher and copies of the draft are sent home to the parent, not to the rest of the IEP Team; AND on the LRE/Placement, they already have it marked as to placement (80% in Reg Ed Class, 40%, etc) AND Justification for said placement, then in the notes, (the child is in a Senior Class, but is Cognitively Impaired and has had trouble in the High School Environment) the teacher indicates “SO AND SO, IS ELIGIBLE TO ATTEND BRIDGE PROGRAM AFTER THEIR SENIOR YEAR. It is their Senior Year, and this has been noted each year since 9th grade, but now the School Administration instructed me to “see this program” and they are PUSHING IT HARD, The IEP was done in Jan 2011, now they are talking PLACEMENT, without a transition plan; it is a vocational type school.

  • 23 Jennifer 05/05/11 at 4:58 pm


    At my school, we have had such an inclusion class. Our special education teacher was required to be in the regular classroomdouble the number of pull-out minutes indicated on the IEP. So they may be correct that the IEP has not been violated, if they are using this practice.

    However, you should have been contacted for a meeting to review the records from the previous school, which was likely when this decision was made. It is mandated that the new school review the records from the other one.

    On a positive note, if your son can function in a co-teaching atmosphere, I think that’s great. These kids need to be around their non-disabled peers as much as possible.

    The principal has to follow the law, just like everyone else.

  • 24 angela 05/03/11 at 5:15 pm

    My son has an IEP plan and his IEP plan says that he is in a regular class but will be pulled out for reading and math and writing and he was in a regular class but when he changed schools in the middle of october he was changed to an inclusion class. I was told this consists of a regular teacher and a special ed teacher. They did not have his IEP meeting before doing so. I feel his IEP was violated but they keep telling me no. The principle has told me that it was his school and he can do what ever he wanted to do because it was his school.. Is that true?

  • 25 Adrianna 04/25/11 at 12:10 pm

    A parent has the right to ask for a “meeting of the IEP team” and can attempt to amend the IEP, especially when it comes to placement. Ask for an evaluation or a reevaluation and then after the results, talk about placement. it is the IEP team who determines placement, not the district.

    Also, research the law, because very few parents realize that an IEP “must be done and/or completed by the time school starts!

    If you have a child whose IEP is done in the middle of a school year, then request another meetings. There is nothing (that I have found in my research of 20 USC 1414) that says the IEP must be done by the end of the school year, only the beginning of a new school year.

    Get help from one of the many non-profits out there, this site has a list for each state. That is what I did and am doing.

  • 26 Flor 03/28/11 at 10:59 pm

    This year my daughter received services in the districts new “learning center” RSP room. Before my IEP meeting I biefly talked with the special education teacher. My daughter had only met 2 goals (occupational theraphy related goals). He also informed me that the school was planning on placing my daughter in “an intensive intervention program” with a special curriculum (specific to that classroom only) for the 4th grade. They claim this is not a SDC. At the IEP meeting I requested placement in a Non-Public School based on the fact that she had made little progress, had only partially met her goals and that they planned on placing her in another “new” program that the district would be implementing in the coming year. My request was denied in a PWN. What can I do? What are my chances if I file for due process.

  • 27 Stephene 03/07/11 at 9:11 pm

    Sharron, I was reading your response to Lisa, I have the same question as her. What kind of evaluation do you need to ask for in order for a residential placement? I have asked the school about placement before and was told that they would not pay for such services because they were medical issues. I have recently requested an autism evaluation because my son has been diagnosed with AS, but the school fails to recognize this, saying he does not meet the requirements for the autism spectrum in the school setting.

  • 28 Sharon L. 02/06/11 at 8:23 pm

    Lisa – If it is determined by the IEP team that the best placement for you child is this type of placement than the school would pay for it. They usually like to make an assessment first. You can request the assessment and be sure to sign the schools request document after you ask for the assessment in writing because they will not start the 60 day clock to get the assessment done until their paperwork is signed by you. After the assessment you will sit down with them to discuss. if you do not agree you may have an outside assessment done at public expense. You will need to put in writing that you do not agree with their assessment and you do not have to give a specific reason. After the outside assessment is done you will meet again with the school and discuss all options.

  • 29 Lisa 02/03/11 at 1:44 pm

    I have a question actually. Can the school district be made to fund a residential placement and if so how would I approach the team with it.. or where can I get more concrete information on this subject?

  • 30 Adrianna 10/25/10 at 10:19 am

    My daughter is in her Senior year and has had at least 3 changes in teachers, which means “she MUST learn the new teacher’s way of teaching”, which I do not agree with. I have repeatedly requested my daughter be kept in school another year, however, the request is DENIED, (3 TIMES), indicating that she “MUST BE WITH HER “SAME AGE” PEERS”. This is wrong, however the education system in Alaska, took 5 years to implement the new laws…up until July 1, 2010, which has left not only my child “behind”, but many others. Now that the program has been implemented, the students who are in the Senior High School have lost out on much of the new rules, and the District WILL NOT allow these students to catch up. They constantly put my daughter on the Honor Roll. GPA 3.78 – 4.00, she is unable to read/write.

  • 31 maria 10/15/10 at 12:42 pm

    I think our program specialist violated this law, because english is our second language. They’re trying to use this to their advantage. telling things that we didn’t. we are still fighting, our son is behind his iep.. we need help.

  • 32 Dawn 10/12/10 at 10:59 pm

    In Nov.2007 I had a FBA done which showed that the 4th grade Asperger/Autism classroom and staff were responsible for my son’s behaviors. In April 2008 the school changed his eligibility from Autism to EBD & insisted I transfer him immediately. I refused & had a private evaluation done. It showed that he was not EBD, but PDD-NOS instead. Teacher left, eligibility was back to Autism/asperger w/EBD as secondary. Son stayed at the same school & had almost no behaviors during the 2008-2009 year. Kept requesting that EBD be removed completely since it was done to force him out of school.

    Son did not have behaviors during 2009-2010. At the end of 2010, behavior group started observing my son. Two months into 2010-2011 the behavior group stated that my son has “NO” behaviors & needs “NO” BIP. Still waiting on final school psychological eval to remove EBD.

  • 33 Lynne 10/12/10 at 2:40 pm

    I am the advocate in a similar situation in MA where a school came to a team meeting meant to discuss extended school year and unilaterally told the team that the district could meet the student’s needs in district and the student would be returning to the district high school program. The parent rejected this proposal and requested ‘stay put’. The district’s position was that stay put did not apply because the district wasn’t proposing a change in placement, just a change in location. They claimed that their program was identical to the out of district, collaborative program that the child is attending. We went into hearing on the motion for stay put and won the motion, but we are still in the hearing process for the main issue of placement.

    To find out how it turns out, visit my blog at

  • 34 suzanne 07/26/10 at 5:40 pm

    My son has asperger’s and is going into middle school. The new Vice Principal called to say they wanted to try him in an inclusion class, and the special ed teacher and assistant would go with him to every class. I said “he is labeled self contained.” She said that means how much services he gets… I said I thought “self contained” was an environment…

    Under placement they put 5bells special ed/general ed. So this would allow them to do this… however I made sure it was clarified what we agreed on, so on the placement page it said he will have 5 bells in special ed and PE or electives with non disabled children.

    Call your state Dept. of Ed. disability dept — they are great. They fund schools so the schools are scared of them… After I made an OCR complaint, they all but took me to dinner. They would have had to hire lawyers …

  • 35 Eric 07/14/10 at 2:42 pm

    I have a daughter with moderate to servere Downs Syndrome. The county in which we reside does not offer adequate language resources and have claimed they cannot do so. We’ve found an ideal public school in an adjacent county but have been told we cannot attend this school because we do not reside in the county. Other than moving to that county, I am wondering if we have any other options or if we should consider legal actions?

  • 36 susan 06/14/10 at 12:05 pm

    i have an 8 year old son with PDD-NOS high functioning. i am in the process of trying to remove him from the significantly seperate classroom he is in for students with ASD. i feel like the school wants to keep him in the seperate classroom only because of his diagnoses! he is an A+ student with greatly improved social skills. he has alot of friends and seems to do better with his typically developing peers than his ASD peers. he has been in the seperate setting for 6 years and he has benefitted from the program but it is time for him to be in his home school and to be in the regular education setting all the time. he gets OT and speech…he is not on a behavior plan and has alot of sensory issues. i am the chairperson of my local Special Education Parent Advisory Council. every parent should go to their local PAC for help!

  • 37 Sharon 03/29/10 at 9:24 pm

    Melissa – A parent can request an IEP meeting anytime. We have had as many as 9 IEP meetings in one school year because we could not get on the right track with the school. We always request the IEP meeting via certified letter to the special education director or the principal. This should help get their attention. You do not have to wait until annual review.

  • 38 Melissa 03/29/10 at 6:08 pm

    If I have to wait till the annual IEP meeting to determine placement, and this then precludes my child from being able to apply for an education choice scholarship or voucher by Department of Education rules, what recourse do I have. Annual IEP meeting is not required until 5/21/10. Application must be submitted by private school the child will attend by 4/16/10. The application requires the name of the Kindergarten program the child will attend.

  • 39 Olenma 03/14/10 at 5:59 pm

    I would tell you to contact the highest legal department in your state and when all else fails contact the local media. It always makes me stop and think how quickly the wheels of justice roll when the media begins to bring names, offices, faces for all to view. Also contact the organizations in your area and nationally to see what can be done.

    Good Luck.

    I am simply a mother, teacher assistant and student going for my degree in Elementary Education/SPecial Education (Dual Major)


  • 40 laura 02/12/10 at 10:35 am

    My son has a ld certified in math. doing well in all other gen ed classes. up until the 8th grade he was in sp. ed math. this year in conjunction with his sp ed teacher we placed him in gen ed math with a guided studies class. he is doing d+ work. but our dispute is that he is not getting a concentrated hour of help in guided studies for math, unlike gen ed students who get 2 hours for math. my son doesnt like the idea of being labeled sp. ed and wants to be in a gen ed math class and understands his math weakness. we had our iep and the high school is refusing to provide sp ed support for my son via a gen ed class. what we asked for is a gen ed math with a tutorial class and a teacher/consultant overview for monitoring to ensure that he is falling. what are our rights.

  • 41 Cathy 11/05/09 at 7:16 pm

    To avoid the stay put position through litigation, could we reqeust that our child be removed from Special Education, thereby being removed from the resource room and later reqeust an evaluation for determination of a disability to provide an IEP, but without the resource room placement. Our son has ADHD, is not disruptive to th class and wants to be in his regular classroom and wants to be recieving the same education as his peers. We know this is possible, but might require modifications and possibly an aid for re-direction due to his distractability. However, after observing him myself in class, he does self-correct, sometimes a little late missing some of the fast moving teacher verbal input, directions, etc.

  • 42 Debbie 09/02/09 at 11:35 pm

    My son is starting middle school in a new district. His IEP states he will be placed in a general education classroom with support from a resource specialist/paraprofessional. The new school does not have a co-planning setting for language arts. The school combines RSP and SDC kids together for language arts and social studies!! My son should not be in a self contained classroom. I will fight the district on this one.

  • 43 Aimee 08/17/09 at 11:24 pm

    My son is 10 and High functioning autism…was in public school system for grades 1,2,3,4, in his nieghborhood school and recieved services from the Resource Room. Now we move to new district for grade 5. They won’t serve him in his neighborhood school and want him in an autism classroom in a different school. I disagreed so they gave me prior written notice. that evening i got an email from the director of special ed stating that if i brought my son to his neighborhood school, the police would remove him and return him to my home. HELP. What do i do? His IEP specifically says neighborhood school and resource room not Autism room.

  • 44 Paul 08/05/09 at 4:26 am

    Our child has an IEP with both some learning and social elements. He is not a behavior issue whatsoever. He has ADD and visual motor issues.The school has clustered a number of ‘minor’ IEP kids in the same teacher for next year for the convenience of an aide in the class. The other kids aren’t really a good role model for our son. Does it violate LRE or some other protocol by grouping the kids like that? How is our child to learn from other non disabled kids, when they group them like this? Do you have any advice?

  • 45 Kelli 07/03/09 at 9:28 am

    The district refused to evaluate my child so I had him evaluated and based on the documentation I provided. Self contained classroom was recommended UNTIL the paperwork could be prepared for him to enter a private setting to receive intensive remediation, but all he got was general ed with SPED support for 10 mins per class. How come the school doesn’t have to follow the recommendation for the IEE if they never evaluated the child and only have the documentation I supplied to go on?

  • 46 Kimberly 06/26/09 at 3:17 am

    Yes, It has happened to myself as well. My son is 10 with autism, mainstreamed with special ed aide support parttime for help with difficult subjects-math. He has OT for 7 years with the school district,same with Speech therapy.This year the IEP meeting was very difficult with OT having pre-drafted a severe cut in OT time,did not bring justification for this cut to meeting,just kept saying”it was time to move on”.I said NO-No deal, the time written on last years OT for IEP stands,since not everyone at IEP meeting is in agreement. OT must provide better detailed service direction plan,with data(written)to show to parent how goals are being met.If this was not acceptable to OT,then I as parent would be willing to go to district to request hearing/mediation. Parents must know your rights,even the best school staff with Phd(s) will lie.

  • 47 Eric 06/23/09 at 2:46 pm

    This is not the law in the 7th Circuit.

    We know, because it cost us $200,000 to have the 7th Circuit overrule the judge and find that even thought predetermination did occur, the school district did not have to pay for it.

    We took the case to the Supreme Court, and they refused to hear it, even though four other districts have ruled against predetermination.

    I would also suggest that you find a different special education attorney to go into the courtroom than who you have write the briefs. Writing briefs takes special talent, and while our attorney won in the courtroom, he made a couple errors in the brief writing that probably cost us the case – but we’ll never know…

    Our child is now in college and doing well – private placement is just something that you have to do, and hope someone agrees to help you pay for it.

  • 48 Roz 06/23/09 at 1:11 pm

    This scenario just happened to us. Our twin sons were placed in a non public school three years ago by the K-8 school administration when they were in 7th grade. We are thrilled with the school and the boys love it there. Now that they have achieved some success, our LEA wants us to agree to move them back to public school! This is not in the boys’ interests.

    Now they are attempting to hold an IEP without any teaching staff from the boys’ school. They claim the school staff is unavailable because of summer break. Can they hold an IEP without the teacher or anyone who worked with our son?

  • 49 Melanie L. 06/18/09 at 10:25 pm

    I am a special educator currently in a graduate program for special education. I am taking a special education law class this semester, and from what I have read so far parental consent must be obtained for IEP revisions and any changes in placement. Also, parents must be provided with prior written notice of any proposed change to the child’s services and or placement.
    Several areas have family advocacy groups that will provide assistance to families of children with special needs. The family advocacy group in my area offers parent and child rights advocates to go to IEP meetings with families. Talk to other parents in your area or special education personel to find out your local family advocay groups.

  • 50 Karen 06/18/09 at 8:55 am

    My grandson is a 7 years old, High Functioning PDD-NOS. We refused to sign his IEP, because the goals were not measureable and they were recommending an extended school year for reading, speech, and OT. However, the extended school year would be in their summer fun program and it’s for only 5 weeks. When we ask for it to be extended for the whole summer the special ed director said that their staff needs vacation too. We did not ask for the extended school year, they recommended it, never asking for our input. We were given a draft IEP at the meeting to review. We also asked if the parents would be able to observe a couple of times during the year and the director said NO we have a school policy that prohibits observations by parents. He is placed in the regular ed class, with a para all day, resource room for language Arts,Speech

  • 51 Katie 06/17/09 at 2:54 pm

    I am a special education teacher at an elementary school. I feel that parents are important members of the IEP team. Decisions should not be made without their input and/or approval. There are instances where decisions are made without parents, however this is rare. It should all be about what is in the best interest of the child.
    I agree that moving this child is not in his best interest. He has developed relationships over the years and it is important that he finish school where he and the family are comfortable.

  • 52 Christine 06/15/09 at 5:26 pm

    We paid $10,000 to an Attorney who I now know should have advised us to seek representation after placing my 3-yo son in public school. We filed Due Process and after $10,000, let our Atty go. The school has 20 so-called witness’s to call.

    Should I file a grievance with the State Bar Assoc?

    No Attorney will take our case Pro Bono, because we make too much money, ha ha. We are struggling just to keep our heads above water.

    Is there any type of pamphlet advising parents of the mistakes I made filing due process without placing my son in district? We didn’t want to place our son in the district program for fear of regression.

  • 53 Stephanie 06/12/09 at 9:23 am

    My son was diagnosed with PDD and he was placed out of district because the school said that they did not have the proper tools to help him excel. Now he has been in the school for thirty days and they are requesting a 1:1 to help in minimizing his agressive behavior. Now the district is refusing and wants to bring him back to the school who said they didnt have the tools to deal with him. What can I do?

  • 54 Sierra 05/28/09 at 8:27 pm

    I would like to know just what exactly our rights as a parent are. What can we do, what can we not do, who has say in what, and what happens if we disagree with the district.

  • 55 Marla 05/28/09 at 12:30 pm

    What is the parents role in placement. My daughters school is doing somthing similar. I medical documintaion from 3 professinals stating that she should attend a certin school and they have not considered the documintaion. I was told in my tri annual that we could not discuss placement for my child and she graduates in 2 weeks and we are not sure where she will be and what to do. I was also told that the represenative from the disctict did not have to attend the tri because we were not going to dicsuss placement. What would be the next step?

  • 56 Beatriz 05/22/09 at 9:44 pm

    My son has PDD-NOS. He has always been in a VE setting in a LRE. This past year after the IEP in May 2008 I adamantly told the team that he would attend his zone school in those settings. They decided to place him in a new pilot program which is a self contained ASD classroom. He has suffered this year with no progress whatsoever. Adapting and copying inappropriate aggressive behaviors from other ASD peers. On top of that, his time to be spent with non-ese peers was reduced to 0%. That has never ever been so. I have a revision in just a few days and I was clear about stating that his current placement is not in any way conducive to his progress and/or needs. I fear they might once again go over my head even if I am part of the team and have to agree on his placement. They will decide without me. Help!!!!!

  • 57 Tammy 05/20/09 at 1:53 pm

    The U46 school districts Superintendent called our home last night and told my daughter that due to budget cuts in 7 different
    special education classes (he has Autism) they have cut his class completely in the fall. But THEY told her he would be bussed to another town almost 1 hour away. My daughter told them that was NOT acceptable. He doesn’t ride the bus due to paranoia. The Superintendent made it sound like she had NO choice. School is almost over in 20 days. Now we don’t have time for an IEP meeting. He’s not ready to be mainstreamed yet, he’s 10 with level of 4-5 year old. I think we need an Advocate but where do we find one?

  • 58 Debbie 05/19/09 at 10:37 am

    To follow up, if a school denies stay put for mediation, I have seen parents ask for an impartial hearing. They let the hearing officer know they want to go to mediation, but the school would not allow stay put so it left them no choice.

    Generally, hearing officers will order stay put and STRONGLY encourage mediation. Almost without fail, I have seen mediation produce an agreement.

  • 59 advocate 05/18/09 at 6:45 pm

    Our district invited two attorneys to our last meeting even though only one was on the invitation. (They have been cited for this very thing before. ) Our son is in a private placement at the district’s expense following a period of 5 years where they denied him services, he was assaulted, and multiple citations were issued. In years past he has either never taken an End of Course test or the district stated that the final exam of the course would be sufficient. Our current IEP, that was signed off on by the entire team, including the 2 attorneys for the district, states that he will not participate in EOC testing. Our State Department has said that we did not have to sign a new IEP once put in place in the past. Can they withhold a state issued high school diploma (he has straight A’s) because we followed the IEP that was put in place?

  • 60 Therese 05/18/09 at 2:28 pm

    My eleven year old grandson has multiple issues, gifted,bi- polar,ADHD. He has an IEP. We asked for three options for him for school next year, the District is refusing to offer any options but the junior high school near us.
    Last year the team wanted him to skip from fifth to sixth grade mid year. This was his home school’s idea not ours. I took him to visit the junior high. When we met as a IEP team the next week, the junior high school said it wasn’t a good idea to place him in that school.
    Now, one year later, the rest of the IEP team thinks he should attend that junior high next year.
    Reasons opposing this placement:
    1) the Special Education team leader at the junior high stated they have never provided help for children in the advanced level classes and she isn’t sure how to do that.