menifestation meeting what to ask help please

Discussion in 'Special Ed 101' started by cammy, Feb 6, 2012.

  1. cammy

    cammy New Member

    Hello My son E that is in the 12th grade has been an IEP student for over 8 yrs he is also ADHD and was diagnosed and treated for explosive anger disorder! Well on 2/01/2012 E got into an argument with his 6 period teacher! I received a call from the vice principle that Efren was going to be suspended for 5 days! Then i received a letter that is explaining that Efren is being recommendation for expulsion the meeting is on 2-8-2012 but on 02-06-2012 I received a call from a vp from the High school telling me that my they was not aware that my son was an IEP student and that we needed a menafestation meeting so they want to hold it on the same day but 1 hour earlier so it will be hold at 9:30 is this legal and if so what question should I ask in the manifestation Meeting please help thank you in advance.

    Cammy
     
    Last edited: Feb 6, 2012
  2. buddy

    buddy New Member

    Hi Cammy. so sorry... here is my only advice... GET AN ADVOCATE! NOW! I am using a disability law advocate from legal aid. If you have this anywhere in your state call them and say this is an emergency.

    What they are going to do is try to see if what he did was a manifestation of his disability. the team will say whether or not what he did was influenced by his issues. (I would think so, impulse control and all, duh). You need people working on your side.

    One thing, even if they expel him.... they still must provide educational services because he has an IEP.

    How is he doing? Is he ok? (you might want to change his name to E or something else here....just because he is a kid and issues are sensitive, your choice though...maybe it is a fake name anyway, but I like the name!)

    Handling a Manifestation Determination Review: A "How To" for Attorneys - Wrightslaw


    http://www.wrightslaw.com/idea/law/idea.regs.subparte.pdf

    When Behavior is Caused by a Disability - Wrightslaw


    Is Your Child's Behavior Caused by a Disability? - Wrightslaw


    http://www.wrightslaw.com/info/discipline.stud.dis.dwyer.pdf
     
  3. TeDo

    TeDo Guest

    Definitely check out the links Buddy listed. They will help you a lot. Like Buddy said, they need to determine if his behavior leading up to and during that incident are "related to or caused by" his disability. Obviously with those particular diagnoses, there is NO way they can say it isn't. Take a list of symptoms for each diagnosis with you so you can quote from it to prove it IS. If they determine that his actions WERE a manifestation of his disability, the team needs to revise his IEP to include a POSITIVE behavior plan to address those issues. If they say it wasn't, ask them to explain how they are determining that. Don't let them say it wasn't, those diagnoses alone explain any kind of confrontational behavior he displayed. Also as Buddy said, even if they do expel him, they MUST continue to provide educational services for the remainder of the school year or until a more suitable placement is found.

    Can you describe the services and accommodations he is receiving in school now that are in his IEP? Also, can you give us a description of the situation they are talking about? We can give you better advice if we have all the information. Remember not to use staff or school names.

    GET AN ADVOCATE!!

    Welcome to the forum. You have come to the right place. The wealth of knowledge here is ubelievable.
     
  4. cammy

    cammy New Member

    Thank you so much I took your advice change his name already! Wow this is a nightmare E is really sad this would be his last year in High school and he haves to deal with all this mess his really upset ! He is hurt more than anything he wrestle for this school for more then 3 years he cant believe this happened ! And the problem is that the teacher provoke him he actually shoulder check him so hello anybody would react to that right?
     
  5. JJJ

    JJJ Active Member

    Definitely get an advocate!!!

    A verbal argument should not lead to an expulsion hearing for a reg ed student and certainly not a student with those diagnosis! Buddy gave you some great links.
     
  6. buddy

    buddy New Member

    I am sure you are scared and he is upset too. My son is being pushed from his school... last year in his middle school. He is upset and I am scared for him as well. Your situation is very serious... And it does sound like you may need to also file a formal complaint with the state dept of ed. and cps and anyone you can if this guy really shoulder checked your son. Does he have any friends who witnessed it? That would be a great thing to add to the complaint. NO teacher should be aggressive with a child. We have a complaint right now against a psychologist in our school who grabbed and restrained my son....

    Yes, this is hard. but this is his last year period.. totally an over reaction to kick a kid out of school for a verbal altercation. Not ok to do that, I understand. But to ruin his entire education over it??? the teacher needs to grow up.

    He could have had in school suspension or something like that... really insane to do this extreme.
     
  7. cammy

    cammy New Member

    Thank you your advise is much appreciated! Well the Description of his IEP orders are as follow he is aloud to use the learning center as needed and he does have an IEP case worker that is available if he needs he also have special accommodations like if he needs more time with test they will aloud it but that is not being done! there also have to be supervised breaks with a section of the test that does not happend neither! I notice that this school really dont help does with IEP ! On 2-1-2012 my son was in his 6 period class he got up to try to sharpen his pencil but the teacher did not aloud him he ask E to sit and be quite! Then 15 minutes later the teacher walk up and ask why was he not taking notes E respond by telling him I need my pencil Sharpen Teacher didnt say nothing so E thought it was ok to get up and sharpen the Pencil so he gets up and try to sharpen the teacher got very upset and told E to sit down and shut his mouth up E ask him why are you acting STUPID?? The Teacher Respond by Telling Him You are the STUPID ASS and shoulder check E! my son got mad and slap a water bottle off the desk and walk out of the class VP calls me the next day and said that E was going to be suspended for 5 days and explain that there was a video that one of the student took and she just was able to see that both Teacher and E was using profanity to each other!
     
  8. TeDo

    TeDo Guest

    So this "video" doesn't show the whole thing. My question would be, "the teacher is an adult and my son is a disabled minor so who is to blame? The teacher instigated this by not allowing my son to sharpen his pencil and then punished him when he COULDN'T take notes and then progressed to verbally and physically him. If you insist on suspending or expelling my son for this incident, I will be contacting an attorney as soon as I leave this room." Legally, the teacher was wrong. The teacher needs training in dealing with behavior appropriately. The team needs to come up with a concrete behavior plan IN WRITING to add to his IEP. In order to do that, they need to conduct a Functional Behavior Analysis and he needs to be in school for them to do that. Tell them you want an FBA and a meeting to develop a behavior plan. If they refuse, tell them that you will be contacting an attorney as soon as you leave the room.

    Breathe. You have the law on your side. It might also help if you can get written statements from other students in the class that witnessed the incident, if they are willing. If nothing else, keep asking them "Which one in that incident is the adult? Who should have known better?" Play the broken record with this phrase and the lawyer one. Keep repeating it over and over until they listen if you have to.
     
  9. buddy

    buddy New Member

    Typically an expulsion is for weapons, SERIOUS bodily harm or for drugs. Do you have a copy of your district's code of conduct??? This does not rise to that standard at all.....

    Personally I would want my son out of that class...this guy does not now how to de-escalate a situation for any kid much less a kid with special needs.

    sounds really like for several reasons you need a special education law advocate.
     
  10. cammy

    cammy New Member

    Yes thank you soo much for all your advise now to get to doing my research and get my facts and information straight I have the meeting on Feb 8 hopefully i can find an advocate to help me :)
     
  11. TeDo

    TeDo Guest

    Call your state Dept of Education. That would be the place to start. Tell them your "Special Education son is being considered for expulsion because of a situation caused and escalated by a teacher and that need an advocate ASAP".
     
  12. InsaneCdn

    InsaneCdn Well-Known Member

    If you haven't done this already, start compiling a binder of all the paperwork you have about your son. Copies of all evaluations done - by school and by others. Copies of various IEP plans over the years. Any positive emails you have. Report cards. Sorted and categorized so it is at your fingertips to refer to at the meeting. (it also makes you look good to arrive with that much info and that well organized.)
     
  13. cammy

    cammy New Member

    Kind of nervous tomorrow is the big day I want to thank all of you for the great advise it was really helpful! Wish me luck!
     
  14. TeDo

    TeDo Guest

    <LUCK> If you bring along everything Insane suggested as well as do everything we have told you to do AND you go in there confident and an air of "ready to fight".......you won't have any problems. Just remember that YOU have the final say.

    Last point, do NOT sign ANYTHING (except an attendance sheet) before, during, or after the meeting. Take any papers they give you home and read EVERY WORD. If ANYTHING is not accurate, tell them. Do not sign anything unless you agree 100% with it.
     
  15. buddy

    buddy New Member

    Hang in there friend... come back and let us know how it goes.
     
  16. cammy

    cammy New Member

    Thank you I have been doing everything you told me but you know how school districts are very much like a mob so have to expect the worst but I feel very confident that am going to win this one once again thank you for all your advise and support :)
     
  17. cammy

    cammy New Member

    Thank you and I will ...
     
  18. DDD

    DDD Well-Known Member

    I don't visit here often but just want to say I am keeping you in my thoughts and prayers. I've been there done that with the Manifestation Hearing some years ago and if it had not been for the CD family I would have been blindsided. Hope your meetings go well. Hugs DDD
     
  19. buddy

    buddy New Member

    Wondering how it is going.. I am off to difficult child's school and will check in later.... hoping it went ok for now....
     
  20. cammy

    cammy New Member

    Oh thank you all for your concerns and all your help I concord I went in there confident and with a lot of tools to help me back up my son.... Victory was granted to us I also requested for my son to get tested for the FBA and requested the IEP to be adjusted to my son needs! All the information you all gave me was very helpful I did my homework and fought for my son rights!! It was a total success!!! I also went to the school district and put in a formal complaint I want this teacher discipline for his action! I will keep all of you updated. May God bless you all!!
     
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