Alternative Schools and Involuntary Transfers

Congruence Law, P.C. Challenges Forced School Placements That Harm Students

When a school district moves a student to an "alternative school," it's often presented as a benign change—or even a support service. But for many families, it feels more like exile. These transfers can isolate students, delay academic progress, and carry a stigma that follows them for years.

Whether triggered by behavior concerns, discipline, or vague “fit” issues, involuntary transfers must comply with legal safeguards. Students—especially those with disabilities—have a right to fair procedures, appropriate placement, and continued educational access.

At Congruence Law, P.C., we help families fight back against inappropriate alternative school placements. We demand transparency, challenge discriminatory practices, and work to keep students in settings where they can thrive.

What Is an Alternative School?

An alternative school is any educational program designed to serve students who may not succeed in a traditional setting. These placements may be:

• Disciplinary (e.g., “opportunity schools”)

• Therapeutic or behavioral

• Credit recovery or GED-focused

• Online, homebound, or partial-day programs

While alternative placements can serve valuable purposes when voluntary and well-designed, problems arise when they are used punitively, arbitrarily, or without parental consent.

Legal Issues With Involuntary Transfers

➤ Lack of due processStudents may be removed without notice, explanation, or a chance to contest the decision.

➤ Placement based on disability-related behaviorFor students with IEPs or 504 Plans, such removals may violate the IDEA or ADA.

➤ Disparate impact on students of color, students with disabilities, and LGBTQ+ studentsAlternative placements are often used to marginalize already vulnerable students.

➤ Inferior educational accessPrograms may offer limited curriculum, reduced hours, or few services.

➤ Use of vague standardsTerms like “disruptive,” “inappropriate fit,” or “failure to thrive” are often undefined and unchallengeable.

What Schools Must Do

• Provide notice and an opportunity to be heard before removing a student

• Consider less restrictive interventions first

• Ensure services remain equivalent to those in the general education setting

• For students with disabilities, conduct a proper IEP team decision or manifestation determination

• Avoid discriminatory or retaliatory use of transfers

What We Do at Congruence Law, P.C.

We represent students and families challenging improper placement in alternative schools. Our legal services include:

• Demanding documentation and records justifying the transfer

• Requesting or attending placement team meetings

• Filing due process hearings if special education rights were violated

• Appealing placement decisions through local or state procedures

• Securing reinstatement in the home school or appropriate services in the alternative setting

• Pursuing remedies if harm has occurred, including academic delays or emotional trauma

We also fight back against informal tactics like “suggesting” transfer in lieu of discipline—a practice that circumvents due process entirely.

What Schools Say—and How We Respond

“It’s not an expulsion—it’s just a placement change.”→ All significant changes in educational placement must follow proper procedures, especially for students with IEPs or 504 Plans.

“This is what’s best for them.”→ Families—not schools—must be central to the placement decision. Best interest does not excuse unlawful removal.

“The program is basically the same.”→ The law requires a comparable educational setting—not token instruction or isolated learning environments.

“There’s no appeal.”→ Many states provide administrative remedies, and federal laws offer additional protections.

Pitfalls to Avoid

• Agreeing to a transfer under pressure. Always ask for time to review the proposal in writing.

• Failing to request an IEP or 504 meeting. Any change in services or placement must involve the full team.

• Letting the district frame the narrative. Gather your own documentation about the child’s needs and progress.

• Assuming you have no recourse. Many parents reverse transfers with legal advocacy.

Why Choose Congruence Law, P.C.

We believe students shouldn’t be shuffled aside or sidelined because they learn differently, express themselves differently, or need more support. We help families challenge removals that mask discrimination or deny opportunity.

If your child has been placed in an alternative school without your consent—or without due process—contact us today:

education@congruencelaw.com or at 202-630-8141

Let us help you fight for the education your child deserves—and bring them back to a place where they can grow.