It's my understanding that if it's determined this is a manifestation of the disability, then a FBA must be done, then after the FBA changes are to be made to the Behavioral Plan. Shari, my son went thru a manefestation hearing in 6th grade and even though I had them put in the report that I was not in agreement with "their" (the asst prinicipal's) findings that it was not a manifestation, I signed the darn thing because the asst principal told me I had to- that is why I made sure she put in my disagreement first. It didn't matter- that was reason enough for them to put my son on a long term suspension for the rest of the school year (From mid Mar. thru mid-June) and require my son to go before a hearing officer. Their own hearing officer said due to his IEP, they had to place him on homebound instead of straight suspension. The homebound was on paper only- no teacher ever showed up. During that time period was when I found this board. They suggested I contact a Special Education attny- I should have done it a lot sooner. He told me that since it had gotten that far the only recourse I had at that piont was due process- which would take months (and my son would remain on suspension/homebound) for that period of time and it would cost me approx $10,000. I can't tell you how I wish I had talked with an attorney before things got to that point. For a few hundred I could have gotten good advice- whether or not he went to the meeting with me. Not to mention, I worked full time out of the home and my son ended up on probation and needing supervision during the day, which was the beginning of a 2-year long whittling away of my job. in my humble opinion, the sooner you get legal advice from an attny in your state who is familiar with that specific sd, the sooner you'll get satisfactory results.
Is he going to school this week?