Removal from Special Education Program without Parental Consent

An 11-year-old student who is autistic and several years behind grade level had received 80% of her day in a special education resource classroom since kindergarten. Several weeks into 5th grade, her parents were notified that she was “failing” and exhibiting “disruptive behaviors”. When her parents found out that their child had been moved into the general education setting for 100% of her day without their consent nor IEP team discussion, they reached out to K Altman Law advocates for help to restore their child’s services.Not only was the unilateral decision a safety issue for the student, but the advocacy team requested an immediate IEP team reconvene to correct the school’s violations. The school admitted they were unable to provide the level of support the student needed due to teacher shortages. The school was quickly reminded that individualized education programs are not determined by what is convenient for the school—but rather the student’s right to an appropriate education in her least restrictive environment. Within a few weeks, the district was required to provide the student with a transfer to a school that could appropriately meet her special education needs in accordance with IDEA guidelines at no expense to the family.