Excerpt from: The Wrightslaw Way (click for full article)
I cannot tell from your e-mail what help your daughter needs, or what is already being provided in her IEP. However, if her needs were being met, it is unlikely that she would be failing, disruptive, or having significant disciplinary issues.
If you can afford to enroll her in an appropriate private school, then by all means do that.
Unless your daughter has had a very recent private sector neuropsychological evaluation, you probably do not know specifically what she needs. Without knowing what she needs, it is more than likely you will not be successful in finding an appropriate school. Disruptive high school students can become disruptive adults. The legal system is not supportive or kind to disruptive adults.
If you can afford the several hundred thousand dollars that a private special education high school will likely cost you, take that route. Or, work with an experienced advocate in your area.
If the advocate reviews the file and tells you that the case is past advocacy and requires an attorney, do not hesitate to follow that advice.
There may not be a lot of time left to get help before the disruptive behavior becomes a more immediate issue than the academic issue.