Special Education/Follow up placement

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Question
Follow up
Let me be clear
My district changed my sons summer program from integrated
To contained citing nothing specific
So I didn't send my son. He had nothing for summer.  
Current iep is integrated class and aide
They changed his iep removing goals he didn't master
They changed his placement
He has never been aggressive and if anything he
Was traumatized in school by lack of understanding
He has much potential but also even physical dis abilities which they
Treated as purposeful which was so hurtful
Anyway he had a rough time for the year not as much academically
As emotionally.  Thanks for your reply by the way
They changed his placement like that will somehow change anything
They told me if I don't like it I can file for due process
I never consented. This was all recorded
An advocate told me what you did that the district needs to file due process
To change a placement but I am nervous because the district told me flat out
I have no choice but to accept the new iep and placement and if I dont I can file
Due process.  They also gave me the iep the day of the meeting and in last three minutes of the meeting changed his placement

Answer
D.
Based on your question, you did not sign the IEP authorizing the changes they are making. So long as this is the case, you can file a Compliance Complaint with your state's department of education. They will investigate your allegations and make a ruling. It costs you nothing. The district bullied you, and in the process, violated the law by telling you, "accept our placement or file for Due Process." The law states that the parent is a member of the IEP Team and that the parent must accept the changes being offered before they can be implemented.

What the other advocate told you about the district being able to file for Due Process against you is technically true. But districts rarely do this because they have to pay their attorney thousand of dollars to file. If they file, they have to prove to the judge that their placement offer is the right one for your son and that his current placement is not correct for him.

I really can't give you more advice without having completed a Case Review of your son's records. I still don't know what his qualifying condition is on his IEP? I don't know his medical diagnoses? I don't know the assessment results for him? I don't know his educational history? But based on what you have stated in your initial question and follow-up question, I think you should explore filing a Compliance Complaint with your state.  

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Tim Runner

Expertise

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.

Experience

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.

Education/Credentials
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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