Suspended Again - 9 total days now

[iloveturtles]

difficult child was suspended again yesterday for 3 days. He got in a fight with one of the boys that has been harassing him continually in PE. That makes 9 total days this year. 40 days of school left, 80 days since the last suspension. They are talking about changing the other boys schedule so they don't have PE together.

If anyone has been through or understands a determination hearing could you please fill me in.

His case manager said he is protected, but how do they make the determination? How do the tell if it is because of his disability. What if you don't have a diagnosis?

Any and all help is appreciated.

 

[dadside]

First, your son has to have a "label" - "disability" or diagnosis, if you will - to have an IEP. Assuming the IEP completely and accurately describes it, the question is whether or not his behavior is a manifestation of the disability (or one of the disabilities) qualifying him for an IEP. His doctor may not like labels, but he has one for the school!

The determination is not the product of a hearing, but rather a decision by the IEP team, which includes you, on the issue. If his behavior is determined to be a manifestation (product of) of his disability, the school must do a FBA and develop a BIP. If his behavior is found unrelated to his disability, he is subject to the same discipline as non-disabled students.

I guess my question might be directed to the case worker who said your son is protected. Because you said the school is talking about changing the other boy's schedule, I suspect your son will not lose anything at the meeting, and an FBA ( and BIP) may produce good things for the future.