Special Education/placement question


I have a question which I hope someone can answer.  If I take my son out of school because it's not working and later I want to try to send him back, how would placement be determined. And what would happen if I disagreed, where would he go? I know there's a stay put provision but if a child stops and restarts school, I am just wondering what happens then if there's a disagreement on placement. Hoping someone can answer, thanks!


This is more complicated than it should be because it all depends on what you do with your son after you withdraw him from school. Here are the options:

1. You take your son out of school and don't enroll him in any school. If you enroll him later in any school, he will have to start the process all over again to qualify for special education and then a new IEP will have to be developed.

2. If you move him to another public school, his current IEP will have to be followed for 30 days. Then the school will hold an IEP and make an offer of FAPE (Free and Appropriate Public Education).

3. If you move him to a private school, things get more complicated. If the new school receives any funding from the federal government, they will have to do what is stated in #2.

4. If the private school gets no funding from the feds, then they are not required to provide him special education services. So it will be like #1 above.

5. If you home school your son and enroll him in a home charter school, then it's probably going to be like #3 above.

6. If you bring your son home and can't show that you are providing him with an education, you can be charged with a crime in most states. It usually falls under child neglect.

Bottom line: just removing your son from public school because you are opposed to what they are doing for him is not a viable solution in most cases. You have to determine how he is to be educated, first.

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Tim Runner


Questions concerning special education: IEP, assessments, Due Process, mediation, resolution conference, federal law, state law, qualifying for services, residential treatment, special day classes, resource specialists, procedures, having your child assessed, adaptive PE, speech & language, non-public school, FAPE, and tuition reimbursement.


I have been an education advocate representing students and parents for six years. My experience includes: representing my clients in IEPs, SSTs, Due Process, review assessment results for my clients, and mediations. I have represented clients with learning disabilities, autism, Downs Syndrome, cognitively challenged, emotional problems, learning disabilities, ADD/ADHD, and physical disabilities. I have also represented clients to County Mental Health Departments and Regional Centers. My clients range from pre-school to college students in many states.

I have a degree in Mathematics from the University of California with minors in Psychology and Physics. I also studied applied statistics in psychology at the graduate level. I have taught college classes, conducted seminars, written articles for various publications, and testified as an expert witness.

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