My son just got another suspension

[ratdoggy]

Hi all
I am a newbie to this forum and have been at my wits end lately
I saw this mentioned in a thread here...Is it true? My son does have an IEP and has been suspended already this year and they want to suspend him again for 10 days this time. It seems that everytime there is a problem they suspend him, like the time when 3 kids beat him up. We are getting a lawyer to keep him in school
He is on a IEP so they can only by law suspend him for up to 10 days for the entire school year.

 

[keista]

Welcome.

Only if the behavior is directly related to the disability. After the tenth day there are supposed to be meetings and such and there are protections that still allow him access to his education. Sorry, I'm only casually familiar with all the legal details.

If you haven't already, check out wrightslaw.com Smart move getting a lawyer to help you with this.

Others will be by to offer their support and knowledge. It would be helpful is you could share a few more details about your son - diagnosis, IEP accommodations, etc. Of course, only share what you are comfortable sharing. We do our best to respect privacy here and not reveal identifying information, but details help us all to help you.

Welcome again.

 

[ratdoggy]

I'm not 100% sure on his actual diagnosis. As it seems they throw so many things at you faster than a lay person can process. I will try to get more info

 

[buddy]

keista said it...if the behavior is related to his disabiity (impulse control, lack of understanding social issues, obsessive compulsive issues, etc. etc.) then the fact that they are still having problems means the IEP is not adequately addressing the student's needs/disabilty. They need to do an FBA (functional behavior analysis/assessment) and add behavior goals to the IEp and/or write a positive behavior plan (pbip, psbis, bip, lots of names for this). If they are saying they need to do this and the behavior is related to his disability it is considered a change of placement, they must go through due process as well as continue to provide educational services during the time that everything is being worked out. This is an answer from a woman who asked on writes law and it has links to info. If you google suspension and special needs or IEP etc. you will find lots of information. PACER.org is another good website for info along with many many others. You may want to look up FBA and Positive behavior intervention plan as well. both writeslaw and pacer have lots of info on these. Others will come along with more info for you..if you can explain more about what is in his iep and why he is on an iep / then what the behavior challenges we can try to help you sort thru it. It is great you have a lawyer to help, it is one of the fastest ways to get their attention! All of Special Education. is mandated to use research based methodologies that show that the methods used for teaching and for behavior intervention work with the specific disability area. Suspension is shown to NOT be an effective method for remediating behavior for any student much less special needs children.

Does the school have to provide her any educational services while she is suspended? The Vice Principal told us he's considering expelling my daughter. Can the school system do that?

The Answer Your daughter's rights are governed by the 2004 amendments to IDEA concerning suspension or expulsion of children with special educational needs. (These provisions are found mostly at 20 U.S.C. § 1415(k).

The law states explicitly that a free appropriate public education ("FAPE") must be available to all children with disabilities, "including children with disabilities who have been suspended or expelled from school." (20 U.S.C. §1412(a)(1)(A).) Your daughter is certainly entitled under this law to continue to receive an appropriate education if she is suspended for any time beyond 10 days. See 34 CFR 300.530 in regard to "ten day" suspensions. Be sure to read the IDEA Regulations about discipline at 34 CFR 300.530-538.​

 

[TeDo]

Under what category did they qualify him for an IEP? What did he get the IEP for: behavior, academics, Occupational Therapist (OT), Speech Language Pathologist (SLP)? What are they supposed to be helping him with? Does he have a Positive Behavior Support Plan or Behavior Intervention Plan with his IEP? What exactly did he do that would warrant a 10 day suspension?

Now for the basic questions. How old is your son? What grade is he in? Is he on any medications? Do you have any behavior problems with him at home? Can you describe the kind of kid he is normally? Can you tell us what kinds of behaviors they see at school? Why did HE get suspended if 3 kids beat HIM up?

I agree with Keista. Look at wrightslaw.com to familiarize yourself with the Special Education laws about discipline, suspensions, etc. I am sorry you are having to deal with this. It is an awful feeling to have a "hostile" school district. Let us know how we can help. For now, you have my emotional support, for what it's worth.

 

[Liahona]

Wanting to welcome you. I think its a good thing you are talking to a lawyer.

 

[BusynMember]

Ditto on the lawyer. They are breaking the law.