District Wins Right to Move Dangerous 2nd Grader to Alternate Program

Weaver Union School District filed an expedited due process hearing seeking to remove a second-grade student with ADHD from his general education placement after repeated dangerous incidents, including grabbing a drill, running into a construction site, biting staff, and placing himself under bus tires. The ALJ found that maintaining Student's placement at Pioneer Elementary was substantially likely to result in injury to himself or others, and ordered the district to immediately transfer Student to the Merced County Office of Education's Sierra Program for up to 45 school days.

What Happened

Student was an eight-year-old second grader at Pioneer Elementary School, eligible for special education under the category of Other Health Impairment due to ADHD. Over the course of the 2023–2024 and 2024–2025 school years, Student engaged in an escalating pattern of dangerous behaviors: eloping from classrooms, running into an active construction site, grabbing landscaping stakes and pointing them at students and staff, biting his aide hard enough to leave a mark, placing his legs under school bus tires, grabbing a power drill from a custodian's cart and pointing it at other students, pulling wires from an electrical box, and running with sharp pushpins in his mouth. Despite Weaver repeatedly amending Student's IEP — adding a one-to-one aide, a behavior intervention plan, individual and group counseling, and behavior analyst services — Student did not make academic progress on any IEP goals, and his behavior worsened over time.

Weaver held multiple manifestation determination review meetings and determined that each incident was a manifestation of Student's disability. Weaver proposed placing Student at the Merced County Office of Education's Sierra Program, a specialized setting with a credentialed teacher, two aides, a full-time board-certified behavior analyst, a behavior specialist on site 80 percent of the time, and a school psychologist on site 90 percent of the time. Parent consented to all IEP amendments except the placement change and refused to agree to the Sierra Program, expressing concern that Student might be physically restrained there. Because Parent did not consent, Weaver filed an expedited due process hearing asking the ALJ to authorize the placement change.

What the ALJ Found

The ALJ ruled entirely in favor of the district on both issues. On the first question — whether Student's current placement was substantially likely to result in injury — the ALJ found the evidence overwhelming. Student's behaviors individually (biting, kicking, eloping, climbing on electrical equipment, grabbing a running drill) each posed a serious safety risk; in combination, they made injury to Student or others nearly inevitable if he remained at Pioneer. The ALJ noted that under federal law, a student does not have to actually seriously injure someone before a district can act — the standard is whether injury is substantially likely, not whether it has already occurred.

On the second question — whether the Sierra Program was an appropriate interim alternative educational setting — the ALJ found that it met all legal requirements. The program would allow Student to continue working toward his IEP goals, receive behavioral intervention services designed to prevent the dangerous behaviors from recurring, and access academic instruction in a setting with far more behavioral support than Pioneer could provide. Parent's concern about physical restraints was addressed by testimony that the Sierra Program uses Safety Care, a non-violent de-escalation technique used only as a last resort.

What Was Ordered

Weaver may immediately remove Student from Pioneer Elementary School.
Student is to be placed at the Merced County Office of Education's Sierra Program as an interim alternative educational setting.
The placement may last no more than 45 school days from the date Student first attends the Sierra Program.
After 45 school days, Student must be returned to Pioneer Elementary unless the parties otherwise agree or a new order is issued.

Why This Matters for Parents

Districts can seek to move a student without your consent if safety is at serious risk. Under federal law (IDEA), a district can file an expedited due process hearing to move a student to an alternative placement for up to 45 school days when the student's behavior poses a substantial likelihood of injury — even if every incident has been found to be a manifestation of the student's disability. Consent is not required for this type of placement.
A student does not have to seriously injure someone before a district can act. The legal standard is "substantially likely" to result in injury, not "has already caused" injury. If your child's behavior involves dangerous actions — even if no one has been badly hurt yet — a district may have grounds to request an emergency placement change.
Opposing a placement change is harder when the IEP has already been amended multiple times without improvement. The ALJ gave significant weight to the fact that Weaver had repeatedly updated Student's IEP with more supports, and Student still did not make progress. If your child's behavior is escalating despite IEP changes, document what is working and ask the IEP team to discuss why interventions aren't producing results — this creates a record that could matter in a hearing.
Your concerns about a proposed placement must be specific and evidence-based to carry weight. Parent's concern about restraints at the Sierra Program was not enough to defeat the placement proposal, because the district provided specific testimony about the non-violent techniques the program uses. If you object to a proposed placement, gather evidence — observations, staff credentials, program policies — rather than relying on general fears.

What Happened

What the ALJ Found

What Was Ordered

Weaver may immediately remove Student from Pioneer Elementary School.
Student is to be placed at the Merced County Office of Education's Sierra Program as an interim alternative educational setting.
The placement may last no more than 45 school days from the date Student first attends the Sierra Program.
After 45 school days, Student must be returned to Pioneer Elementary unless the parties otherwise agree or a new order is issued.

Why This Matters for Parents

Districts can seek to move a student without your consent if safety is at serious risk. Under federal law (IDEA), a district can file an expedited due process hearing to move a student to an alternative placement for up to 45 school days when the student's behavior poses a substantial likelihood of injury — even if every incident has been found to be a manifestation of the student's disability. Consent is not required for this type of placement.
A student does not have to seriously injure someone before a district can act. The legal standard is "substantially likely" to result in injury, not "has already caused" injury. If your child's behavior involves dangerous actions — even if no one has been badly hurt yet — a district may have grounds to request an emergency placement change.
Opposing a placement change is harder when the IEP has already been amended multiple times without improvement. The ALJ gave significant weight to the fact that Weaver had repeatedly updated Student's IEP with more supports, and Student still did not make progress. If your child's behavior is escalating despite IEP changes, document what is working and ask the IEP team to discuss why interventions aren't producing results — this creates a record that could matter in a hearing.
Your concerns about a proposed placement must be specific and evidence-based to carry weight. Parent's concern about restraints at the Sierra Program was not enough to defeat the placement proposal, because the district provided specific testimony about the non-violent techniques the program uses. If you object to a proposed placement, gather evidence — observations, staff credentials, program policies — rather than relying on general fears.