difficult child expelled

Discussion in 'Special Ed 101 Archives' started by Peanut, Mar 10, 2006.

  1. Peanut

    Peanut New Member

    My 15 yr. old difficult child was expelled today. The principal is going to be calling me next week to let me know about the tutoring. Past there, I'm pretty clueless.

    I'm wondering if anyone can give me details as to what the next steps will be.

    For instance, how many hours of tutoring will he be receiving on a weekly basis? Will it take place here at our home, or will we have to transport him someplace? How are grades determined with this tutoring? The reason I ask is it was still up in the air as to whether he'd pass this year or not.

    We were told that if he "jumped through their hoops", he would be welcomed back next year at the high school. I'm just wondering what other hoops there are?

    I need to apologize ahead of time for how this sounds. Needless to say, my head is spinning.
     
  2. Coookie

    Coookie Active Member

    Aw Peanut,

    I'm sorry I don't have any advice or ideas but I wanted to send you a hug....
     
  3. mom_in_training

    mom_in_training New Member

    Peanut, I'm sorry, I personally have never experienced what you and you difficult child are currently going through so I cannot say what's ahead for your difficult child as far as length of tutoring etc... But I know here where I live our local library has ton's to offer our kid's when they are in need of assistance for schooling. They offer tutoring at our library too. I was just there a couple day's ago and noticed a Mom and her daughter with a teacher going over all of the girl's assignment's and schooling need's. My guess is that she was being either home schooled or could have been expelled. It was nice to see that regardless this girl was still in the click getting her education.
     
  4. slsh

    slsh member since 1999

    Peanut, I'm so sorry.

    My understanding is that if the expulsion is for drugs/weapons, school district is not required to provide a thing.

    If difficult child doesn't have an IEP, school district is not required to provide a thing.

    If difficult child *does* have an IEP and this isn't drugs/weapons, they must hold a manifestation determination hearing within ten days. I believe they can expel from this *particular* school if it's determined *not* to be a manifestation of his disability, but school district still must provide FAPE, and tutoring doesn't cut it. Usually they request alternate placement. The only way an school district gets out of educating a student with an IEP is if student is incarcerated in an adult jail.

    If it is a manifestation of his disability, they can suspend for up to 10 days and (my experience anyway) placement is usually then changed, with revisions to BMP and IEP.

    You hooked up with- advocacy group? I'd highly recommend PAVE - they were a huge help to me when I lived up there. Again... just so incredibly sorry to hear this.
     
  5. Martie

    Martie Moderator

    IF difficult child isn't in Special Education, then you have limited options. However, you can still request a Case Study Evaluation and should in my opinion because this could happen again on day 2 of the next school year. Send the request by CERTIFIED MAIL. There are sample letters in the archives of this section of the board.

    in my opinion, this is a push out tactic because it is doubtful that your difficult child will earn credits as a result of tutoring. Then he will be behind--then he won't wont to go to school...it's an old story. IF you difficult child were in Special Education., and you were to lose a manifestation determination hearing, THEN he could be restaffed to a secure facility BUT the school district can NEVER expel a Special Education kid. The limit is 10 days of suspension per year.

    I don't want to use your misery as a soapbox, but your situation points out clearly why I believe that any kid of a paretn on these boards (a boy especially) who could possibly engage in behavior leading to expulsion should have an IEP prior to high school. Kids who "get along" in grade school often run into trouble in h.s. Trouble is too often handled by expulsion.

    Also, please remember that Special Education is SERVICE not necessarily a place. My ex-difficult child was in Special Education from 6th grade on but never set foot anywhere but a regular ed. class. He was protected (in theory) from expulsion. Eventually we withdrew him BUT if that had not worked out, I could have gone back to the public school and fought them for services. I did not release the s.d. from its obligation to him until after he graduated from h.s. They sent me letter "withdrawing" him from Special Education. each semester. I fired back by certifed mail that he was a resident of the s.d., not currently attending AND had a valid IEP. They stopped writing after a while....

    This is very powerful protection. Try to get it in place.

    I'm very sorry this happened.

    Martie
     
  6. Sheila

    Sheila Moderator

    Sorry to read this, Peanut.

    CM is critical. However, I'd handcarry a copy of the letter to the school district also.

    When an evaluation under IDEA is requested when a child has been expelled, the school district must expedite the IDEA/IEP evaluation process.
     
  7. Peanut

    Peanut New Member

    Let me clear up some things.

    difficult child does have a current IEP. Classification is OHI.

    The reason was for drugs. Long story short, I'm a medical user and he stole it from me, took it to school and passed it out to friends.

    A letter was sent home when hubby went to get him. He's been placed on emergency expulsion to be followed by expulsion from attendance until further notice. We'll be contacted this week to schedule the tutoring.

    No alternative placement was suggested. The tutoring is all we're getting to the best of my knowledge.

    I'll be sure to ask about whether he will still be able to earn the credits needed via the tutoring they're offering.

    If you have any other suggestions, I could sure use them.
     
  8. Martie

    Martie Moderator

    A child with an IEP who is involved with a drug offense can be moved to a secure environment for up to 45 days while a change of placement is considered. During this time, a manifestation determination hearing must be held.

    Your school district cannot do what they are doing legally. IF it is determinated that the behavior is NOT a manifestation of his disability (likely considering the OHI) then the school district can keep him in an alternative placement but cannot just dump him. This violates FAPE and the only way a school district ends its responsibility for a kid with an IEP is by
    1) the kid turns 23
    2) the kid graduates from h.s.
    3) the kid is incarcerted in an ADULT prison

    None of the above apply, so they must educate.

    in my opinion you will have to be very forceful in your advocacy for your difficult child or they will slip out of their responsibility.

    I would suggest you check Wrightslaw for the exact citations; pp 51-53 of document below:

    http://www.wrightslaw.com/idea/idea.2004.all.pdf

    Martie
     
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