District Wins Right to Move Dangerous 9-Year-Old to Non-Public School for 45 Days

Long Beach Unified School District filed an expedited due process hearing seeking to move a 9-year-old boy with emotional disturbance to a non-public school after he engaged in escalating violent and dangerous behaviors throughout the 2007-2008 school year. The ALJ found that maintaining the student in his current special day class was substantially likely to result in injury to himself and others. The district was authorized to place the student at one of three identified non-public schools for up to 45 school days.

What Happened

A 9-year-old boy eligible for special education under the category of emotional disturbance (ED) attended a special day class (SDC) at Patrick Henry Elementary School in Long Beach. Throughout the 2007-2008 school year, he engaged in an escalating pattern of severely dangerous behaviors occurring several times a week. These included hitting, kicking, biting, and stomping on school staff and peers; throwing scissors, rocks at moving cars, and wooden paddle tennis racquets into crowds of students; climbing on classroom furniture and the outside of the school building; running off campus; and, in one incident, threatening to take a school safety officer's gun and shoot the officer and himself — resulting in an involuntary psychiatric hospitalization. Despite a behavior plan, counseling, staff intervention strategies, and multiple IEP meetings, the district was unable to reduce the dangerous behaviors.

The district filed an expedited due process hearing in February 2008, seeking authorization to move the student to an Interim Alternative Educational Setting (IAES) at a non-public school for up to 45 school days. The student's grandmother, who served as his guardian, had not consented to the proposed non-public school placement or to a referral for a county mental health (AB 3632) assessment. The grandmother attended the hearing and argued that the proposed placement was too drastic, suggesting instead that the student be moved to a different public school SDC. The ALJ disagreed and ruled in favor of the district on both issues presented.

What the ALJ Found

The district prevailed on both issues. The ALJ made the following key findings:

Substantial likelihood of injury to the student himself. The student repeatedly ran off campus, climbed on classroom furniture, scaled the outside of the school building toward the roof, climbed high into a tree, and stomped on the roof of a maintenance truck — all creating a serious and ongoing risk of physical harm to himself.
Substantial likelihood of injury to others. The student struck his teacher with a closed fist 20–30 times over the course of the year, hit and kicked the principal, counselor, and instructional aides on numerous occasions, bit staff, threw scissors at the school psychologist, threw rocks that hit three moving cars, and threw wooden tennis racquets 40–50 feet into the air toward students and staff on the playground.
Current placement could not manage the behaviors. Staff were experienced and well-trained in working with students with ED, and had tried behavior modification, redirection, de-escalation, a modified school day, and counseling. None of these reduced — and the behaviors were actually increasing — over the school year.
A non-public school was an appropriate IAES. Three identified non-public schools (Rossier, Barbara Dawson Education Center, and Zinsmeyer) each had small class sizes (no more than 12 students), trained behavioral staff, structured behavioral programs with contracts and reward systems, and could meet the student's needs. A different public school SDC was not supported by any evidence as a viable alternative.
The grandmother's lack of consent did not block the IAES placement. Under federal law (IDEA), when a school district demonstrates that a student's current placement is substantially likely to result in injury, a hearing officer may authorize an IAES change even without parental consent.

What Was Ordered

The district was authorized to move the student to an appropriate IAES at one of three identified non-public schools — Rossier, Barbara Dawson Education Center, or Zinsmeyer — for not more than 45 school days.
Transportation by van (round-trip) was included as part of the placement.
The student's grandmother's request to keep the student at his current school or transfer him to a different public school SDC was denied.

Why This Matters for Parents

Districts can override your placement objection in safety emergencies. Under the IDEA, if a school district can prove to a hearing officer that keeping your child in their current placement is substantially likely to cause injury to your child or others, they can change placement for up to 45 school days — even without your consent. Knowing this helps you understand the limits of your consent rights in discipline-related situations.
Document your child's supports and what's been tried. In this case, the district won partly because it had extensive records — incident reports, behavior charts, disciplinary logs, and staff testimony — showing what interventions had been attempted and why they failed. As a parent, you should also keep your own records of what supports have and haven't been provided, and ask for copies of all incident reports involving your child.
Refusing assessments can weaken your position. The grandmother declined the district's referral for a county mental health (AB 3632) assessment on multiple occasions. While this was her legal right, it limited the team's ability to explore additional supports and was noted in the record. If you have concerns about an assessment, ask questions and seek a second opinion — but consider whether refusing outright serves your child's interests.
A non-public school IAES is not the same as a permanent placement change. The 45-day IAES is a temporary measure. A permanent change in placement still requires IEP team agreement and your participation. Use the 45-day window to advocate strongly for what happens next, including requesting a full IEP meeting before the period expires.
If your child has serious behavioral needs, push early for more intensive support. This student's behaviors escalated throughout the school year. Parents who notice that a behavior plan isn't working should formally request an IEP meeting to revise it — in writing — rather than waiting for a crisis. Earlier intervention may prevent the district from reaching the "substantially likely to result in injury" threshold that triggers an expedited hearing.

What Happened

What the ALJ Found

The district prevailed on both issues. The ALJ made the following key findings:

Substantial likelihood of injury to the student himself. The student repeatedly ran off campus, climbed on classroom furniture, scaled the outside of the school building toward the roof, climbed high into a tree, and stomped on the roof of a maintenance truck — all creating a serious and ongoing risk of physical harm to himself.
Substantial likelihood of injury to others. The student struck his teacher with a closed fist 20–30 times over the course of the year, hit and kicked the principal, counselor, and instructional aides on numerous occasions, bit staff, threw scissors at the school psychologist, threw rocks that hit three moving cars, and threw wooden tennis racquets 40–50 feet into the air toward students and staff on the playground.
Current placement could not manage the behaviors. Staff were experienced and well-trained in working with students with ED, and had tried behavior modification, redirection, de-escalation, a modified school day, and counseling. None of these reduced — and the behaviors were actually increasing — over the school year.
A non-public school was an appropriate IAES. Three identified non-public schools (Rossier, Barbara Dawson Education Center, and Zinsmeyer) each had small class sizes (no more than 12 students), trained behavioral staff, structured behavioral programs with contracts and reward systems, and could meet the student's needs. A different public school SDC was not supported by any evidence as a viable alternative.
The grandmother's lack of consent did not block the IAES placement. Under federal law (IDEA), when a school district demonstrates that a student's current placement is substantially likely to result in injury, a hearing officer may authorize an IAES change even without parental consent.

What Was Ordered

The district was authorized to move the student to an appropriate IAES at one of three identified non-public schools — Rossier, Barbara Dawson Education Center, or Zinsmeyer — for not more than 45 school days.
Transportation by van (round-trip) was included as part of the placement.
The student's grandmother's request to keep the student at his current school or transfer him to a different public school SDC was denied.

Why This Matters for Parents

Districts can override your placement objection in safety emergencies. Under the IDEA, if a school district can prove to a hearing officer that keeping your child in their current placement is substantially likely to cause injury to your child or others, they can change placement for up to 45 school days — even without your consent. Knowing this helps you understand the limits of your consent rights in discipline-related situations.
Document your child's supports and what's been tried. In this case, the district won partly because it had extensive records — incident reports, behavior charts, disciplinary logs, and staff testimony — showing what interventions had been attempted and why they failed. As a parent, you should also keep your own records of what supports have and haven't been provided, and ask for copies of all incident reports involving your child.
Refusing assessments can weaken your position. The grandmother declined the district's referral for a county mental health (AB 3632) assessment on multiple occasions. While this was her legal right, it limited the team's ability to explore additional supports and was noted in the record. If you have concerns about an assessment, ask questions and seek a second opinion — but consider whether refusing outright serves your child's interests.
A non-public school IAES is not the same as a permanent placement change. The 45-day IAES is a temporary measure. A permanent change in placement still requires IEP team agreement and your participation. Use the 45-day window to advocate strongly for what happens next, including requesting a full IEP meeting before the period expires.
If your child has serious behavioral needs, push early for more intensive support. This student's behaviors escalated throughout the school year. Parents who notice that a behavior plan isn't working should formally request an IEP meeting to revise it — in writing — rather than waiting for a crisis. Earlier intervention may prevent the district from reaching the "substantially likely to result in injury" threshold that triggers an expedited hearing.