Yes. If the current school is no longer appropriate due to bullying, you and the rest of their IEP team can decide together to change their educational placement. The school cannot move your child to a new placement without your written consent. If you do not consent, your child should stay in the placement specified on their IEP. In addition, if the school is proposing to move the student to a placement that is more restrictive than their current school, that may violate the least restrictive environment (LRE) mandate. They should not be forced to receive their instruction and services in a different and especially a more restrictive setting unless the IEP team, of which you are a member, decides that such a change is necessary and appropriate. Similarly, the school cannot unilaterally alter other aspects of their services such as the frequency, duration and intensity of their services.[1] See Chapter 7, Information on Least Restrictive Environment (LRE).
- Dear Colleagues Letter, 61 IDELR 263, (OSERS/OSEP 2013).[↩]