Charter School Wins Right to Move Kindergartner with Autism to Safer Campus

Odyssey Charter School filed an expedited due process case seeking to move a five-year-old kindergartner with autism from its open North Campus to its enclosed South Campus after the student's daily elopements into a school parking lot and repeated physical aggression toward staff created substantial safety risks. The ALJ ruled in the school's favor on both issues, authorizing the removal and approving the South Campus special day class as an appropriate interim alternative educational setting for up to 45 school days.

What Happened

A five-and-a-half-year-old kindergartner with autism and speech-language impairment began attending Odyssey Charter School's North Campus (Altadena Campus) in August 2021. From the very first days of school, the student exhibited serious and dangerous behaviors: eloping from the classroom multiple times daily and running through an open school parking lot with moving cars, hitting, kicking, punching, biting, and spitting at staff, throwing chairs and stools at or near other classmates, climbing and jumping off furniture, and urinating and defecating in the classroom and on the playground. Staff injuries were so frequent that the school did not even track them individually. Two dedicated aides were added to the classroom by September, but the dangerous behaviors continued unabated. One staff member suffered a strained muscle requiring ongoing physical therapy after the student tackled her to the ground.

In October 2021, Odyssey Charter held IEP meetings, found the student eligible under autism and speech-language impairment, and offered a comprehensive program including a special day class at its enclosed South Campus, which had fewer students, fewer distractions, and a layout that made elopement to a parking lot far less likely. Parents declined to consent to the full IEP, including the placement and behavior intervention plan, though they eventually consented to some services. After months of continued dangerous incidents, the school filed an expedited due process hearing in January 2022 asking the ALJ to authorize moving the student to the South Campus as an interim alternative educational setting.

What the ALJ Found

Because Odyssey Charter prevailed on both issues, this section summarizes the ALJ's key findings:

Substantial likelihood of injury was proven. The student eloped to an active school parking lot multiple times per day, bit through staff skin, threw chairs at classmates, and tackled a staff member to the ground. Testimony from seven school witnesses — all credible and directly familiar with the student — established overwhelming and daily risk of serious injury to the student and others.
A disciplinary action is not required before seeking an interim placement change. Parents argued that the school could only use this legal process as an appeal of a manifestation determination following a formal suspension. The ALJ rejected this, confirming that a school may independently seek an interim alternative educational setting whenever it believes the student's current placement is substantially likely to cause injury, regardless of whether discipline was the trigger.
Parents' witnesses were not persuasive. The family's private behavior analyst had observed the student at school only once and could not testify that the student was not at substantial risk of injury. The father admitted during testimony that the school's safety concerns were accurate. The mother's testimony was found inconsistent and contrary to the weight of the evidence.
The South Campus special day class met the legal standard. The ALJ found that the South Campus classroom — with at most nine students, four adults, its own restroom, a single door leading to an interior hallway, and an experienced special education teacher — would allow the student to access general education curriculum, work toward IEP goals, receive behavioral services, and do so in a far safer physical environment.
Parental consent to the interim placement was not required. Federal law does not require a parent's agreement to an interim alternative educational setting ordered by an ALJ.

What Was Ordered

Within 15 days of the decision, Odyssey Charter School was authorized to remove the student from the North Campus (Altadena Campus) and place him in the special day class at the South Campus as an interim alternative educational setting.
The interim placement was limited to a maximum of 45 school days, after which the student must be returned to the North Campus unless a further order is obtained.
The non-expedited portion of the case (addressing the full IEP offer and FAPE) was ordered to proceed separately as scheduled.

Why This Matters for Parents

Schools can seek a court-ordered placement change without your consent — even without a formal suspension. Under federal law, a school that believes a student's current placement is substantially likely to cause injury can file an expedited due process case and obtain an ALJ order moving your child for up to 45 school days. You do not have to agree, and the school does not need to have suspended your child first. If you receive notice of this type of hearing, consult a special education advocate or attorney immediately — the timeline is extremely short (hearings must occur within 20 school days).
Refusing to consent to an IEP does not stop a safety-based placement change. In this case, Parents withheld consent to placement and the behavior intervention plan for months. The ALJ found that Parents' refusal did not bar the school from seeking an interim alternative placement when safety was at stake. Withholding IEP consent is a meaningful right, but it does not prevent a school from pursuing legal remedies if genuine safety risks exist.
Document your child's progress at home and make sure it carries over to school. The family's private behavior analyst reported that the student's aggression had improved at home through years of intensive therapy. However, the ALJ noted there was no evidence those skills had generalized to the school or community setting. If your child has made gains in one environment, work proactively with the IEP team to build a plan for transferring those skills to school — don't wait for a crisis.
Communicate with the school in writing and keep records of all contacts. In this case, the school documented its repeated attempts to notify Parents of safety incidents, while Parents requested fewer contacts. At hearing, the mother testified she was unaware of injuries to staff — a claim contradicted by written suspension records she had received. Always request written documentation of behavioral incidents and respond in writing so there is a clear record of what you knew and when.
Physical safety of the environment matters legally — not just the program on paper. The ALJ emphasized that the open parking lot at the North Campus created a risk that could not be fixed by changing services alone. If your child is a runner (eloper), examine the physical layout of any proposed placement carefully. Ask the IEP team specifically what physical safeguards exist, and document your concerns in writing if you believe the campus layout is unsafe.

What Happened

What the ALJ Found

Because Odyssey Charter prevailed on both issues, this section summarizes the ALJ's key findings:

Substantial likelihood of injury was proven. The student eloped to an active school parking lot multiple times per day, bit through staff skin, threw chairs at classmates, and tackled a staff member to the ground. Testimony from seven school witnesses — all credible and directly familiar with the student — established overwhelming and daily risk of serious injury to the student and others.
A disciplinary action is not required before seeking an interim placement change. Parents argued that the school could only use this legal process as an appeal of a manifestation determination following a formal suspension. The ALJ rejected this, confirming that a school may independently seek an interim alternative educational setting whenever it believes the student's current placement is substantially likely to cause injury, regardless of whether discipline was the trigger.
Parents' witnesses were not persuasive. The family's private behavior analyst had observed the student at school only once and could not testify that the student was not at substantial risk of injury. The father admitted during testimony that the school's safety concerns were accurate. The mother's testimony was found inconsistent and contrary to the weight of the evidence.
The South Campus special day class met the legal standard. The ALJ found that the South Campus classroom — with at most nine students, four adults, its own restroom, a single door leading to an interior hallway, and an experienced special education teacher — would allow the student to access general education curriculum, work toward IEP goals, receive behavioral services, and do so in a far safer physical environment.
Parental consent to the interim placement was not required. Federal law does not require a parent's agreement to an interim alternative educational setting ordered by an ALJ.

What Was Ordered

Within 15 days of the decision, Odyssey Charter School was authorized to remove the student from the North Campus (Altadena Campus) and place him in the special day class at the South Campus as an interim alternative educational setting.
The interim placement was limited to a maximum of 45 school days, after which the student must be returned to the North Campus unless a further order is obtained.
The non-expedited portion of the case (addressing the full IEP offer and FAPE) was ordered to proceed separately as scheduled.

Why This Matters for Parents

Schools can seek a court-ordered placement change without your consent — even without a formal suspension. Under federal law, a school that believes a student's current placement is substantially likely to cause injury can file an expedited due process case and obtain an ALJ order moving your child for up to 45 school days. You do not have to agree, and the school does not need to have suspended your child first. If you receive notice of this type of hearing, consult a special education advocate or attorney immediately — the timeline is extremely short (hearings must occur within 20 school days).
Refusing to consent to an IEP does not stop a safety-based placement change. In this case, Parents withheld consent to placement and the behavior intervention plan for months. The ALJ found that Parents' refusal did not bar the school from seeking an interim alternative placement when safety was at stake. Withholding IEP consent is a meaningful right, but it does not prevent a school from pursuing legal remedies if genuine safety risks exist.
Document your child's progress at home and make sure it carries over to school. The family's private behavior analyst reported that the student's aggression had improved at home through years of intensive therapy. However, the ALJ noted there was no evidence those skills had generalized to the school or community setting. If your child has made gains in one environment, work proactively with the IEP team to build a plan for transferring those skills to school — don't wait for a crisis.
Communicate with the school in writing and keep records of all contacts. In this case, the school documented its repeated attempts to notify Parents of safety incidents, while Parents requested fewer contacts. At hearing, the mother testified she was unaware of injuries to staff — a claim contradicted by written suspension records she had received. Always request written documentation of behavioral incidents and respond in writing so there is a clear record of what you knew and when.
Physical safety of the environment matters legally — not just the program on paper. The ALJ emphasized that the open parking lot at the North Campus created a risk that could not be fixed by changing services alone. If your child is a runner (eloper), examine the physical layout of any proposed placement carefully. Ask the IEP team specifically what physical safeguards exist, and document your concerns in writing if you believe the campus layout is unsafe.