Is it legal to move a child who has special needs to a different elementary school within the same district?

Question

my son needs speech and ot. he is suppose to go to one elementary school but is being placed in another within the same district to receive these services. is this legal. we live in ny. i have another son who will be going to the school they are suppose to be in.

Answer 1

My daughter is blind and she is moved to a different school within her same district as well. I know that it is very inconvenient, but I would so much rather have her at the school where she is going to receive the most service per week rather than depend on someone to travel to give her those services only a few hours a week. Her health and well being means so much more to me that I am willing to give up her being able to go to the same elementary as her older brother. Difficult but it's for the best. Also, I do believe that this is an attempt to keep costs low for the school district. Good luck. I am sure it will pay off in the end.  

Answer 2

Yes, it's legal.  They aren't obligated to meet those needs at every school to the best of my understanding, however, having said that, I've learned that the New York public education system is very much one in which nobody furnishes information on anything other than a need-to-know basis and even when you do need to know, they make it mighty flippin' hard to find out.  I honestly think you have to call an education lawyer in your area (just google "attorneys practicing education law in ___________") and ask if you can compel them to provide the services in your son's present school.  I'm sure you CAN, it's just a matter of whether it's really worth the time and struggle to you.  If you're trying not to take your son from his friends, that's understandable, but if you just don't want to put him through the changes, it might be best just to accept the transfer and do it now before school resumes.

I'm glad to answer any other questions you have.

Answer 3

this is accepted practice..it is just a logistical nightmare to keep all special needs students in there neighborhood schools--

centalizing services make them more efficeint and beneficial to teh student

Answer 4

Typically it is not done for something like Speech - but yes some programs only have staff at a particular site - More students get service if you don't have to pay people for the time to move from school to school.

Ask the school if there are any other options - maybe the OT could consult at the home school.

Answer 5

Yes, it is completely legal as long as the district provides transportation.  I would imagine that it is so that your child can receive more intensive or frequent therapies.  

Answer 6

Yes it is legal.  If the current school can not give your son the therapy he needs, at the intervals and amounts dictated by his IEP, the district can relocate him to a school that has the services available.  They will have to provide transportation.  If you feel the other school is a good school, you may want to see if it is possible to have both boys there, to simplify matters.  Some districts will allow a sibling to transfer schools when another has to to receive services.