School Forcing Placement Change

[Motivated_Mom]

Last year I began the search for a school that could better meet my son’s needs. All the good stuff is taken, everything has waitlists. I’ve been touring and waiting. They transformed an old middle school in our area into a satélite school for kids with special needs. The SD placed a hold on a slot for my son out of “courtesy”. I toured last week. Not convinced they are better equipped to meet his needs. They want to move him from his neighborhood school (80% in life skills) to this 100% spec Ed school to an MDS classroom. We toured together. 6 days after tour they call me to tell me it’s an official recommendation and they’ll issue a NOREP. Do I HAVE to agree to this? Will disagreeing on the NOREP mean they can’t move him?

[JSD24]

NOREP is Pennsylvania.  Only filing for Due Process will allow you to invoke Stay Put where the old IEP with the neighborhood school as placement can continue.  If you disagree with the NOREP, it will still go into effect in 10 days.

The school should have held an IEP meeting to make this change to the IEP.  This looks a lot like predetermination if they sprung this on you without an IEP meeting.  Was there new data that showed this change was needed?  Was there data when he was put onto the waitlist?

You might need a special ed attorney given how muddled this looks to be.  Not sure if a state complaint is also needed given there was no IEP team discussion about the new placement and this looking like predetermination.  Calling the Consult Line and asking them if this was an OK way to change the placement would also be an option but I'm not sure of the timing with the 10 window with the NOREP.

[Motivated_Mom]

I see what you’re saying now - they used his annual IEP then to use as the “IEP”