Change of Placement/Denial of FAPE

[Linda Glazewski]

Is any of this a change in placement or denial of FAPE? If so, what do we do and can you reference the law in IDEA that applies? We are in Ohio.

 

1. Student is emergency removed for behavior (biting, hitting, kicking, eloping from learning area and on occasion from the property).

We had a FBA and BIP in place for 2 weeks. BIP review meeting is Monday.

 

2. Student is sometimes placed in another classroom called "Alternate Learning Placement" in the building instead of emergency removal for the rest of the day.

 

3. Student sits outside of gen ed (LRE) classroom in "pod" with 1:1 para and does worksheets and "listens" to the gen ed instruction.

FBA noted the student was in the gen ed classroom less than 10 minutes a day during their observations.

 

When asked for a PWN (at the last removal) to address the change in placement and denial of FAPE, the district says none of these things are a change in placement or denial of FAPE. They say they only need to provide SDI and related services if the student has been removed more than 10 days. No PWN was sent.

 

[Lisa Lightner]

First, I am embarrassed--but this post never sent a notification, I just found it "hidden" when I was trying to do something else.

 

You’re right to be asking these questions, because the way your child is being handled raises some serious red flags under IDEA.

1. Emergency removals.
Schools can remove a student for dangerous behavior, but when this becomes a pattern (even if each removal is under 10 days), the law says the team has to look at whether it adds up to a “change of placement.” It’s not just about one long suspension—it can also be when a series of removals shows a pattern. IDEA: 34 C.F.R. § 300.536 talks about this.

2. Alternate Learning Placement in the building.
If your child is being regularly sent to another room for part or all of the day, that’s effectively a change in placement—even if the district says it isn’t. Placement decisions must be made by the IEP team, not unilaterally by staff in the moment. IDEA: 34 C.F.R. § 300.116 (placement decisions by IEP team, based on the IEP).

3. Sitting in the pod with a para.
If your child is outside the gen ed room all day and only “listening” instead of receiving the instruction and supports written in the IEP, that’s a problem. IDEA guarantees the student has the right to be educated in the least restrictive environment (LRE) to the maximum extent appropriate (34 C.F.R. § 300.114). Less than 10 minutes a day in gen ed is clearly not access to LRE unless the IEP team specifically agreed on it.

4. Prior Written Notice (PWN).
Any time the district proposes or refuses to change placement or services, they must give PWN (34 C.F.R. § 300.503). If you’re being told “no PWN is required” while your child is being regularly removed or placed elsewhere, that’s not consistent with IDEA.

 

What to do next:

• Put your concerns in writing. Request PWN for each removal and for the use of the alternate room/pod instead of gen ed.

• Document how often this is happening. A log of days/hours removed is powerful evidence.

• Ask the IEP team to reconvene (beyond the BIP review) to talk about whether the current placement is truly meeting FAPE and LRE requirements.

• If they continue to refuse PWN or deny there’s been a placement change, you can file a state complaint with the Ohio Department of Education, citing the regulations above.

You’re not overreacting, IDEA is clear that placement and access to services can’t just be adjusted on the fly without the IEP team and proper notice.