I work in a small K-8 school in a town without a high school, teaching math and English skills through special ed (K-5, pull-out, individualized teaching). For high school we send our students to neighboring towns' schools. This is not uncommon in this neck of the woods; several town school systems educate their kids through eighth grade and then send them for high schools to local towns with which they have "agreements." The sending towns pay tuition to the individual high schools for each student they send. MANY families move to "sending towns" for the benefit of being able to send their kids to some pretty good high schools without having to pay the taxes in those towns. We received a letter today from one of the high schools with which we have a high school acceptance agreement. The letter states that they will not be accepting 9th graders who need special education services (those who are on a 504 plan or IEP). They state they came to this decision using the following criteria: (1) Anticipated needs of their own town's 8th graders; (2) anticipated needs of their current high school students; (3) there are only 3 special ed teachers and the town's policy prohibits hiring more faculty/staff just to attract tuition students. To say that we, as special ed teachers, are appalled, is an understatement. My question is this: Is this legal? Can a town refuse to accept students because the kiddo has an IEP or 504 plan? I suspect that the lawyers might be able to get around these kinds of things, but is the accepting school leaving themselves open to lawsuit? I happen to LIVE in the town that is refusing to accept these kids, so I have a vested interest in this from both sides; what's going to happen to my taxes if my town loses a lawsuit because of their ignorance? While a concern, I am FAR more concerned with my students, as this town has a terrific special ed department, and our data over the years show that our sped kids are more successful when they go to high school in this specific town than in any of the others with which we have an agreement. I'd appreciate hearing opinions and information.