LRE: PROGRAM FULL, SCHOOL CHANGES TO DIFFERENT LOCATION

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Marcia:  Parent is told that child will attend X school in the fall (it’s the zoned school for the child). Three weeks later she receives call that X school is full in her child’s program and they are transferring him to Y school for the same program. Can the school make that decision to change schools or must they hire more staff to provide service at local school?

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D.
07/26/2018 6:00 am

I’d like to know the same thing b/c they are pulling a bait & switch on me as well. I was told off the record by a family member that they can force my child to go to another school or alternative setting WITHOUT MY consent! They are first trying to bully me to “get on board”. I feel like where I pay an expensive school tax they shouldn’t be allowed to do this & should have APPROPRIATE services in her zoned school. I can’t afford a lawyer or a paid advocate. I’m scared that I may have to sue the school @ the end of the day. The parent-school has already been destroyed b/c of them! I live in Upstate NY. If anyone can help me with this.

joannie
07/27/2018 8:04 am
Reply to  D.

The IEP can only dictate the services needed not the location of the services. In my state, parents have not prevailed when trying to sue the school district for services in a specific school if they are offered in a different school

Chuck
07/30/2016 4:09 pm

State education agencies, hearing officers & state courts sometimes take different positions on this issue. Your state parent training & information center can assist you. http://www.parentcenterhub.org/find-your-center/