Petitioners challenge respondents' relocation of the resource room services on two grounds. They also argue that the change in location constitutes a change in their children's educational placement because it significantly affects their children's special education program and adversely impacts upon their participation in the education program offered at the parochial schools. Consequently, petitioners claim that they are entitled to a due process hearing to challenge the change in location. Petitioners raise substantial questions regarding the effect of changing the location of the special education services their children receive - both with respect to its impact on their regular education program and with respect to their right to an education in the least restrictive environment. Petitioners also seek an order directing respondents to continue to provide the resource room services at the parochial schools, where they had previously received them, during the pendency of the impartial hearings.
Respondents object on two grounds.
As noted above, respondents contend that the change in location does not constitute a change in placement. They argue, therefore, that they have maintained the students' pendency placements by continuing to provide the resource room services recommended on the students' IEP's, regardless of their location. For the reasons set forth above, I am unable to resolve that issue on the record before me. The intent of the law is to preserve the status quo until any disagreement over the CSE's recommendation can be resolved through the hearing process. Respondents also assert that providing resource room services on the site of the parochial schools violates the constitutional requirement of separation of church and state.