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School Districts can file a due process complaint against parents

A child with autism falls well behind his peers academically. His aggressive and disruptive behaviors grow progressively worse until they become uncontrollable. The school district conducted a reevaluation that showed the student required a more restrictive placement. However, the parents object. The question becomes "what are a school districts rights and responsibilities?" The answer is that school district can file a due process complaint against the parents in an effort to establish the appropriateness of the change of placement.

Frequently our office consults with parents who are under the impression that their school district cannot change their child's placement without their consent. Although during the IEP process this may be true, school districts can file a complaint against the parents to seek an Order by an administrative law judge to make such a change. In an effort to avoid being dragged into a difficult due process porcedures examine whether the school district has done the following before recommending a change of placement.

Conduct a reevaluation - An assessment of the child's current academic and behavioral needs may show that he is not receiving appropriate benefit in current placement;

Intervention attempted - Have the school district make a list of all interventions attempted. Have teachers and staff provide records of all interventions attempted and their effect on the child;

•3. Focus on the student - Make sure the district is not recommending a change of placement merely because they are trying to remove what they deem as a "problem." Make them explain how the change of placement will ensure your child receives a free appropriate public education.

Contact Our Office

If your IEP team is considering a change of placement to which you object Contact us by email or call us at 714-602-1498 or 866-781-7723 (toll free) for more information.

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1 Comment


This information is helpful. I frequently run into people that have children with disabilities and do not know where to send them. Thanks for the information.

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Augustin Egelsee L.L.P.
8141 East Kaiser Boulevard
Suite 315
Anaheim Hills, CA 92808

Toll Free: 866-781-7723
Phone: 714-602-1498
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