District Wins Right to Move Dangerous 8-Year-Old to Smaller Alternative School

Lancaster Elementary School District filed for an expedited hearing to move an 8-year-old student with ADHD and Oppositional Defiance Disorder to an alternative school called Crossroads after escalating dangerous behaviors, including throwing rocks into occupied classrooms, assaulting staff, and repeatedly running into the street. The ALJ found that keeping Student at his current school was substantially likely to result in injury and ordered the 45-day interim alternative placement at Crossroads.

What Happened

Student was an 8-year-old second grader at Joshua Elementary School who had been found eligible for special education services under two categories: Specific Learning Disability (due to processing deficits in sensory-motor integration and attention) and Other Health Impaired (due to diagnoses of ADHD and Oppositional Defiance Disorder). At his initial IEP meeting in November 2005, the team agreed on a plan that included Resource Specialist Program support, counseling services, and an additional classroom aide to help monitor him during transitions. Student's grandmother signed the IEP in agreement.

Despite these supports, Student's behaviors escalated dangerously over the following months. Incidents included throwing objects at staff, repeatedly climbing and escaping over the school fence and running into the street, throwing rocks into occupied classrooms, assaulting the school psychologist, throwing a padlock at a teacher, and having to be physically restrained multiple times. By March 2006, Student had accumulated 31 suspension days in a single school year. The District proposed moving Student to Crossroads — a small alternative school within the District with about 53 students (compared to Joshua's 1,078) and staff specifically trained in behavior intervention — but Student's grandmother did not agree to the change. The District filed for an expedited due process hearing to obtain legal authority to make the placement.

What the ALJ Found

Because the District filed this case (not the parent), the relevant question was not whether the District violated Student's rights, but whether the law allowed the District to move Student to an alternative placement over the parent's objection. The ALJ concluded that the District met its legal burden.

Under federal law (IDEA), a school district can place a student with a disability in an Interim Alternative Educational Setting (IAES) for up to 45 days — even without parental consent — if there is substantial evidence that keeping the student in the current placement is substantially likely to result in injury to the student or others, and if the district has already made reasonable efforts to reduce the risk of harm. The ALJ found that both conditions were met. The District had tried supplementary supports including a dedicated aide, counseling, a Behavior Support Plan, and multiple IEP meetings, but Student's behavior continued to escalate. The specific incidents documented — running into traffic, throwing rocks into classrooms full of children, and assaulting staff — provided the substantial evidence required by law.

The ALJ also found that Crossroads was an appropriate IAES. It would allow Student to continue receiving his IEP services, participate in the general curriculum, and benefit from a research-based behavior program called "BEST" (designed around positive behavioral supports), a lower student-to-teacher ratio, and staff with specialized behavioral training. The smaller campus also reduced Student's ability to elope from school grounds.

What Was Ordered

Student was ordered to be placed at Crossroads as an Interim Alternative Educational Setting for a period not to exceed 45 days.
The District prevailed on all issues presented at the hearing.

Why This Matters for Parents

Districts can move a student to a different school without your consent in genuine safety emergencies. Under federal law, if a district can prove by substantial evidence that your child's current placement is substantially likely to cause injury, a hearing officer can authorize an interim alternative placement for up to 45 days — even if you disagree. This is a narrow but real exception to the general rule that placement changes require parental agreement.
The proposed alternative placement must still provide your child's IEP services. Even in an emergency removal situation, the law requires that the alternative setting allow your child to continue participating in the general curriculum and receiving the services listed in their current IEP. If a district tries to move your child to a setting that drops services or ignores the IEP, that is a basis to challenge the placement.
Document every attempt the district makes to address behavior before accepting or rejecting placement changes. In this case, the grandmother's refusal to agree to Crossroads was understandable — she had concerns about IEP compliance and whether the aide was mistreating her grandchild — but the hearing record ultimately showed the District had tried multiple supports. If you have concerns about whether the district is truly implementing the IEP or whether staff conduct is contributing to the behavior, raise those issues in writing and at IEP meetings so they are part of the record.
If your child's behavior is escalating, request a Functional Analysis Assessment (FAA) in writing as soon as possible. The IEP team in this case agreed to conduct an FAA in February 2006 — after behaviors had already become dangerous. An FAA can identify the root causes of challenging behavior and lead to more effective interventions before a crisis forces the district's hand.

What Happened

What the ALJ Found

What Was Ordered

Student was ordered to be placed at Crossroads as an Interim Alternative Educational Setting for a period not to exceed 45 days.
The District prevailed on all issues presented at the hearing.

Why This Matters for Parents

Districts can move a student to a different school without your consent in genuine safety emergencies. Under federal law, if a district can prove by substantial evidence that your child's current placement is substantially likely to cause injury, a hearing officer can authorize an interim alternative placement for up to 45 days — even if you disagree. This is a narrow but real exception to the general rule that placement changes require parental agreement.
The proposed alternative placement must still provide your child's IEP services. Even in an emergency removal situation, the law requires that the alternative setting allow your child to continue participating in the general curriculum and receiving the services listed in their current IEP. If a district tries to move your child to a setting that drops services or ignores the IEP, that is a basis to challenge the placement.
Document every attempt the district makes to address behavior before accepting or rejecting placement changes. In this case, the grandmother's refusal to agree to Crossroads was understandable — she had concerns about IEP compliance and whether the aide was mistreating her grandchild — but the hearing record ultimately showed the District had tried multiple supports. If you have concerns about whether the district is truly implementing the IEP or whether staff conduct is contributing to the behavior, raise those issues in writing and at IEP meetings so they are part of the record.
If your child's behavior is escalating, request a Functional Analysis Assessment (FAA) in writing as soon as possible. The IEP team in this case agreed to conduct an FAA in February 2006 — after behaviors had already become dangerous. An FAA can identify the root causes of challenging behavior and lead to more effective interventions before a crisis forces the district's hand.