My child is already in IEP in public elementary school, can a school place him into 12:1 without parent consent?
My child is currently attending elementary public school and in the integrated classroom. He is in IEP already. Some people at the school want to put him in the more restrictive environment like 12:1. I disagree with their point of view for numerous reasons. They said that they don't need my consent to put him in the 12:1 environment. Is it true? If so, is there a law you could cite that they could do it?
The department of education cannot change your child's education placement (or IEP) without your consent. Generally to change an IEP the school district needs to convene a CSE meeting to address the proposed change. However, they can amend an IEP if the parent agrees in writing to amend the IEP without a meeting.
Asker
Is there a law that cites it? School says they can, so I need to disprove them during annual meeting for the 2019-2020 academic year and in the event they decide to do it this academic year.
Your question is a little confusing. Call me or another education attorney and Im sure we would be happy to clarify.
If he is on an IEP, the school should not be changing his placement with having the IEP team meet and approve the change. Then, if you still disagree with the change, there is a formal process for you to refuse the IEP and file a claim with the Board of Special Ed. appeals. The special education director is required to provide you with this information if you ask for it.
