Superintendants meeting

Discussion in 'Special Ed 101' started by Michellenurse0, Dec 21, 2007.

  1. Michellenurse0

    Michellenurse0 New Member

    OK so here is the story, my difficult child decides to help his friend who cant sleep and night and brings a seroquel to school and gives it to him. ONLY to find out not only did he take that but he took 20 xanax and 2 vicodin. So basically the kid overdosed and everyone is in big trouble. So he was suspended for 5 days and cannot go back to school untill a superintendants meeting. Here is my dilema. He is in a alternative high school classified Special Education 89 other health impaired and is in the astor day treatment program. Which is a program for emotionally challenged children. Bipolar , ADHD, depression, all those good ones. So, under the special education act I have no leg to stand on. The school can do what ever they want because the act says that a drug brought to school is punishable without question. He brought one pill cause the kid said he was having a hard time sleeping and ran out of his "seroquel" and my people pleasing son again didnt think through his actions. He is on probation for a pins from skipping school and doing drugs. He has now violated probation and i have no clue what i can do. HELP
     
  2. SRL

    SRL Active Member

    Michellenurse--Martie is traveling for the holidays but hopefully Sheila will pop in.

    I would venture a guess that the outcome of this is going to depend on the philosophy of your own local school board and superintendent. Typically a special education label isn't going to save a kid whose broken a major school rule.

    From your post it sounds like he was "only" suspended and will be able to return to school--is that right? If so, I'd go ahead with the meeting but I'd be sure and bring someone along so you're not in there alone, preferably someone with an understanding of the system. If you find out at that meeting that expulsion is the likely outcome then I'd consult an attorney but personally I wouldn't bring one into this meeting.
     
  3. Sheila

    Sheila Moderator

    Hi Michellenurse0

    Taking drugs to school is one of the 3 "must not do" -- no exceptions. A child with an IEP can be removed to an alternative ed program for up to 45 days for this behavior.

    The school district doesn't have to do it, but they are within their rights if the choose to.

    From http://idea.ed.gov/explore/view/p/%2Croot%2Cregs%2C300%2CE%2C300%252E530%2C :

    (g) Special circumstances. School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child's disability, if the child--

    (1) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA;

    (2) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA; or

    (3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA.

    (h) Notification. On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the LEA must notify the parents of that decision, and provide the parents the procedural safeguards notice described in Sec. 300.504.

    (i) Definitions. For purposes of this section, the following definitions apply:

    (1) Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

    (2) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.

    (3) Serious bodily injury has the meaning given the term "serious bodily injury" under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code.

    (4) Weapon has the meaning given the term "dangerous weapon" under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code.

    (Authority: 20 U.S.C. 1415(k)(1) and (7))
     
  4. CSE Member

    CSE Member New Member

    There are several options available to you.

    The school can make up whatever rules it likes AS LONG AS IT DOES NOT VIOLATE THE LAW. A disabled child cannot be punished for behaviors that are caused by their disability. The school is required to conduct a review to see that your child's rights are not being violated.

    If the result is still not satisfactory, you are entitled to an impartial hearing.

    The US Supreme Court has ruled that parents are partners in the IEP process, with veto powers to the changes chosen by the Committee on SpEd and the right to bring suit in US Courts to seek redress. They can employ an attorney OR file a complaint with the US Dept of Education's Office of Civil Rights. The OCR is empowered to investigate and pursue violations of federal Ed law.


    Manifestation determination review.

    If child with disability engages in behavior or breaks a rule or code of conduct that applies to nondisabled children and the school proposes to remove the child, the school must hold a hearing to determine if the child's behavior was caused by the disability.
    http://www.wrightslaw.com/links/glossary.sped.legal.htm

    Manifestation Determination

    The IDEA requires that "within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of school conduct ..." the school, "the parent, and relevant members of the IEP Team shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine -

    (I) if the conduct in question was caused by, or had a direct and substantial relationship to the child's disability; or

    (II) if the conduct in question was the direct result of the local educational agency's failure to implement the IEP.

    If the group determines that the child's behavior was a manifestation of the child's disability, the IEP team shall -

    (i) conduct a functional behavioral assessment, and implement a behavior intervention plan ...

    (ii) in the situation where a behavioral intervention plan has been developed, review the behavioral intervention plan ... and modify it, as necessary, to address the behavior; and

    (iii) ... return the child to the placement from which the child was removed ..."
    (20 U.S.C. 1415(k)(1)(F));
    see Wrightslaw: IDEA 2004, page 112)
    http://www.wrightslaw.com/heath/disc.behave.why.htm


    ROLE OF THE OFFICE FOR CIVIL RIGHTS (OCR)

    The Office for Civil Rights (OCR) of the U. S. Department of Education is responsible for enforcing Title VI. "Because it is often difficult for students and their parents to find attorneys to represent them in court cases, the role of OCR is critically important."

    "While OCR has authority to initiate investigations without waiting for complaints, OCR has not used this power even to look at the educational justification for the disciplinary practices of school systems with the most egregious racial disparities."

    The Project suggests using Title VI to "nudge school systems toward more positive approaches to teaching and discipline that produce better educational outcomes overall."
    http://www.wrightslaw.com/advoc/nwltr/2000/nl_00_0706.htm
     
  5. Martie

    Martie Moderator

    I'm back...

    What happened?

    Since your child is already in an alternative placement, there is really not much point in moving him to a "more secure" facility for this behavior in my opinion, but the school district COULD do it (and pay for it, too.) If the issue were one of safety in a more immediate sense, then the school district might want to relocate your child to a residential placement, again, at their expense.

    When a child is ALREADY in an alternative placement, it is VERY difficult for a school district to win a MD hearing....therefore, the only "real" question is whether or not the current placement is sufficiently "secure" for your difficult child's level of impairment.

    In no case can the school district "unload" their responsibility for providing him with FAPE.

    Martie
     
  6. Michellenurse0

    Michellenurse0 New Member

    Hi Martie and Sheila ,

    Thanks for the information. He took one Seroquel to school because the kid said he was on it and he hadnt slept and wanted Josh to bring him some. Josh brought only one, thank god. But the kid took that and 20 Xanax and 2 Vicodin, from other kids. If I am correct looking at the Special Education Act this section:

    (1) Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)).

    (2) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.

    Seroquel does not fall under this at all. So being a nurse I can prove to the district that one Seroquel did not make a difference in his over dose, it was primarily the Xanax that did it. We also now have to go back to court and see the judge and he might not be so understanding. It just never ends! Maybe someday????? Thanks Sheila and Martie you have helped me so much in the past. I dont know what i would do without this forum.
     
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