Queen Creek, AZ asked in Education Law for Arizona

Q: My son was referred out of district for school. Can I get access to the financial transfers between school and district?

My son has autism and the spec ed dept in the school district referred him out of district. They premeditively signed him up for a school without my consent, and I already understand that is illegal. My son came home crying begging me to never go back. Apparently this is a behavior disorder school and the teachers had him sit all by himself in the corner all day and yelled at him several times through the day.

I pulled him out after that day and now the district is giving me just 2 options to choose from and are not even considering the school I want for my son. They claim they have no account with them (?). I have spoken to some friends who have been put in exactly the same position. I'm suspecting kickbacks at the expense of our families' wellbeing and security, and I have some email evidence to suggest this actually is happening. Can I gain access to the financial transfers between the school district and the school they signed him up for without my consent to prove this?

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1 Lawyer Answer
Kimberly Winslow
Kimberly Winslow
  • Education Law Lawyer
  • Natick, MA

A: It is a violation of IDEA for schools to place a student on an IEP out of district (or in any setting really) without parental consent. Moreover, placement should not be determined based on finances, but the needs of the student. I recommend contacting a local attorney, as I do not think, based on your description, that it is just a matter of proving a financial relationship.

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