LLdi: I am fighting for a Private day School for my son, who has an IEP. He is punished, injured in this school, grade not above expectation anymore, but they blame it on curriculum and they say they can meet FAPE in current school. If I go to Due Process he has to stay put while we do that. What are my options to take him out, but not loose eligibility to win moving him, because I can’t leave him in the school that threatens him, punishes him for disability.
I’m sorry to read about your tough situation.
You do have a right to what is called a “unilateral placement.” This is where a parent believes that a student is not receiving FAPE in the current placement, and moves the student to another placement (usually a private school) with the hope that the public school district will be ordered to pay for the new placement.
Charter school, virtual school, and/or homeschooling may also be an option for you – though these may impact your right to stay put.
I encourage you, at the very least, to contact your local parent center (http://www.www.parentcenterhub.org/find-your-center/). They can likely walk through your options with you. If you are considering a unilateral placement, it may be best to at least consult with an attorney.