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Special Ed 101
Suspended for 5 days - now at 11 total
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<blockquote data-quote="Calista" data-source="post: 117613" data-attributes="member: 666"><p>Here's a little of Wright's Law about suspensions. It sounds to me like your difficult child is not a danger to self or others. They are required by law to educate him in a setting where he can learn with accomodations that allow him to follow the rules and regs of the school. Clearly, they are not doing that. Equally clearly, they are consequenting him for behaviors that are a manifestation of his disability. Don't forget LRE and FAPE. Also, after a suspension they have to provide a B-mod plan and I would also request a Functional Behavior Assessment.</p><p></p><p>After a child is removed from his or her current placement for more than 10 cumulative school days in a school year, services must be provided to the extent required under Sec. 300.121(d), which concerns the provision of FAPE for children suspended or expelled from school. </p><p></p><p>If the child's parents do not agree to a change of placement, school authorities can unilaterally remove a child with a disability from the child's regular placement for up to 45 days at a time if the child has brought a weapon to school or to a school function, or knowingly possessed or used illegal drugs or sold or solicited the sale of controlled substances while at school or a school function. Sec. 300.520(a)(2). </p><p></p><p>In addition, if school officials believe that a child with a disability is substantially likely to injure self or others in the child's regular placement, they can ask an impartial hearing officer to order that the child be removed to an interim alternative educational setting for a period of up to 45 days. Sec. 300.521. If at the end of an interim alternative educational placement of up to 45 days, school officials believe that it would be dangerous to return the child to the regular placement because the child would be substantially likely to injure self or others in that placement, they can ask an impartial hearing officer to order that the child remain in an interim alternative educational setting for an additional 45 days. Sec. 300.526(c). If necessary, school officials can also request subsequent extensions of these interim alternative educational settings for up to 45 days at a time if school officials continue to believe that the child would be substantially likely to injure self or others if returned to his or her regular placement. Sec. 300.526(c)(4).</p></blockquote><p></p>
[QUOTE="Calista, post: 117613, member: 666"] Here's a little of Wright's Law about suspensions. It sounds to me like your difficult child is not a danger to self or others. They are required by law to educate him in a setting where he can learn with accomodations that allow him to follow the rules and regs of the school. Clearly, they are not doing that. Equally clearly, they are consequenting him for behaviors that are a manifestation of his disability. Don't forget LRE and FAPE. Also, after a suspension they have to provide a B-mod plan and I would also request a Functional Behavior Assessment. After a child is removed from his or her current placement for more than 10 cumulative school days in a school year, services must be provided to the extent required under Sec. 300.121(d), which concerns the provision of FAPE for children suspended or expelled from school. If the child's parents do not agree to a change of placement, school authorities can unilaterally remove a child with a disability from the child's regular placement for up to 45 days at a time if the child has brought a weapon to school or to a school function, or knowingly possessed or used illegal drugs or sold or solicited the sale of controlled substances while at school or a school function. Sec. 300.520(a)(2). In addition, if school officials believe that a child with a disability is substantially likely to injure self or others in the child's regular placement, they can ask an impartial hearing officer to order that the child be removed to an interim alternative educational setting for a period of up to 45 days. Sec. 300.521. If at the end of an interim alternative educational placement of up to 45 days, school officials believe that it would be dangerous to return the child to the regular placement because the child would be substantially likely to injure self or others in that placement, they can ask an impartial hearing officer to order that the child remain in an interim alternative educational setting for an additional 45 days. Sec. 300.526(c). If necessary, school officials can also request subsequent extensions of these interim alternative educational settings for up to 45 days at a time if school officials continue to believe that the child would be substantially likely to injure self or others if returned to his or her regular placement. Sec. 300.526(c)(4). [/QUOTE]
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Suspended for 5 days - now at 11 total
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