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Special Ed 101
Can students be expelled with iep?
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<blockquote data-quote="BloodiedButUnbowed" data-source="post: 499569" data-attributes="member: 13303"><p>Hi there,</p><p></p><p>Sounds like you are going through a lot right now....you have my prayers and support.</p><p></p><p>Regarding difficult child 3, since he does not currently have an IEP, he can be expelled at any time for any reason at the school's discretion.</p><p></p><p>After a formal request for evaluation is received by the special education director or school principal (or other administrative critter), the clock starts ticking for him to be tested by the school. He can be found eligible or ineligible for special education. If he is found ineligible, then he will not get an IEP. You will have some rights under procedural safeguards to obtain your own, independent evaluation at the school's expense should you disagree with their decision.</p><p></p><p>Once he is found eligible, he will be protected under IDEA as a student with a disability. In that case, the school would need to meet a high burden of proof to expel him, and if they did, they would have to pay for him to receive his education elsewhere. They would also be mandated to provide him with additional help, such as tutoring and perhaps a one on one aide.</p><p></p><p>I recommend checking with a Special Education attorney or parent advocate in your state as each municipality is different in the way they implement IDEA. </p><p></p><p>Best of luck to you.</p></blockquote><p></p>
[QUOTE="BloodiedButUnbowed, post: 499569, member: 13303"] Hi there, Sounds like you are going through a lot right now....you have my prayers and support. Regarding difficult child 3, since he does not currently have an IEP, he can be expelled at any time for any reason at the school's discretion. After a formal request for evaluation is received by the special education director or school principal (or other administrative critter), the clock starts ticking for him to be tested by the school. He can be found eligible or ineligible for special education. If he is found ineligible, then he will not get an IEP. You will have some rights under procedural safeguards to obtain your own, independent evaluation at the school's expense should you disagree with their decision. Once he is found eligible, he will be protected under IDEA as a student with a disability. In that case, the school would need to meet a high burden of proof to expel him, and if they did, they would have to pay for him to receive his education elsewhere. They would also be mandated to provide him with additional help, such as tutoring and perhaps a one on one aide. I recommend checking with a Special Education attorney or parent advocate in your state as each municipality is different in the way they implement IDEA. Best of luck to you. [/QUOTE]
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Can students be expelled with iep?
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