Can students be expelled with iep?

[crazyeights]

I've been putting off having gfg2 evaluated because we were going through evaluations with gfg3, and well I can only handle so many appts. And honestly, until AS was suggested (3 months ago) and later diagnosed for gfg3, I didn't even know what it was However, with investigating for gfg3, it became very obvious that gfg2 is a classic aspie. Like I got hit on the head. All of those things that everyone said- he's just different... he'll grow out of it... but he's 12 now and still the same. (Even still catch him tip-toeing sometimes- He's 6'2" and almost 200 lbs.. it's odd) So I've been planning on having him evaluated.

My problem is with his school. He is very intelligent, goes to a Special College Preparatory Program School that he had to test to get into. He loves it! Unfortunately, he is failing 2 classes. Latin is difficult for anyone (I get that), and Social Studies, well that makes no sense since that's what he's into. And he's teetering on failing pre-algebra, and that's where his giftedness is. Call me confused! So I've been trying to help him stay organized to no avail. He does hw and then doesn't turn it in... so frustrating! Then doesn't do hw. Forgets everything.

Anyway, the school's policy is that if he fails 2 classes, he goes to summer school for both subjects (expensive, but I can handle that) but fails 3 classes and he is expelled. The other alternative school for him is a, well I call it the ghetto school where someone like him and his odd social difficulties will NOT be accepted. My question is - if he had an iep, can they legally expel him? Or is it up to the individual school? He needs help, and I know he won't get it w/o an iep. I'll be calling his school tomorrow to see what they can do in the meantime. Any advice? I just don't really know where to start with this.

[slsh]

Is this a public school or private school?

[InsaneCdn]

Do NOT "ask" the school. That will buy THEM time and put them in the power seat.

You need to go through formal evaluation request in prep for IEP (there's threads out there on special ed, or other members will chime in)... in writing, by registered mail 'return receipt requested'

[crazyeights]

It's a public school.

[buddy]

Is this a public school then? I am assuming it is since your other is being evaluated. First, I would get him medically evaluated thru a neuropsych while you are doing this school stuff. the school will consider the results and I am saying to do it because once he has this dx it will protect him under ADA for life. He will be allowed to have accommodations and help even in college (those receiving public money).

OK, so what should happen is that it will stall things so you can get accommodations. They will then need to provide the accommodations and help with the organization. They should also then identify the skill deficits that are creating those issues and help to work on them. Once you write that letter he is protected pending the results. So, personally I would have it drafted and ready to send out certified mail/return receipt first thing tomorrow morning.

Since you are already going thru the process you know the drill from there! Good luck. Go to writeslaw website for questions about these things too. I bet there will be some here who have even more specific info. These things are as you said, classic issues for an Aspie. So, it is related to his disability and goals and accommodations are needed. So.... cheering you on! There are many like you here doing more than one gfg at a time... I am not sure how you all do it. I get tired from ONE! (haha, I have been told my one is like five but still....)

[crazyeights]

I appreciate the info

I guess where I'm stuck with understanding all of this is that my gfg3 already had an iep for his speech, so it was easy to get help. Well, not easy. The school refused to do testing because they thought it was a behavioral issue so I went to a pdoc and are working through that now. I didn't actually have to do anything to get the iep originally. I think I need to read through some threads on the process.
Would a neuropsych be through like a Children's Hospital? I took gfg3 to a pdoc and that was all I needed. Is this different?

[buddy]

yes it is different. Pdoc can give any dx, true. But they are not likely to do so in all of the areas you are really needing.(for example there may be sensory issues, processing issues, etc.) Now if pdoc clearly sees this is a kid with ASD, then WOW, run with it. go ahead and try... but bottom line, you need to know strenghts, weaknesses, what areas is he challenged with so you can make goals. It is often just a really good thing to do even if you are already diagnosed and on an IEP at school.

The school has a list of criteria they have to fulfill for the ASD category. The dx and what the pdoc or neuropsych uses can be used to fullfill that if they choose it (and it is stupid not to but sometimes a school has their process or they are being poops and dont agree so want their own testing done...but if there is a conflict in the end between your private and their testing you have a HUGE advantage so still do it). They have to tick the boxes and show the evidence to qualify a child for ASD and it is really not that complicated. But they need to DO it. (you can likely go to your state dept of ed website and find special ed. criteria and then look under ASD and you will see what they have to do/show). So, start with the fastest, send the letter, if you have a pdoc you trust and can tell him/her you need this dx and they agree then go for it. And personally I would still do the neuropsych eval. A neuropsych does many tests across all domains and helps to associate behaviors and learning styles with brain function. They are pdocs with extra neuro training.

yes, a childrens hosp or a university and some private neuropsychologists are out there. Sometimes they are associated with autism or developmental eval and therapy clinics. If you are pretty confident you are talking Aspergers or some form of PDD then that could be a good start, a specialized child development clinic.

[TeDo]

Do not call the school to request help at least not verbally or via email. Put a request IN WRITING for gfg2 to "be evaluated for special education services including but not limited to academic, psychological, behavioral, Occupational Therapy, and Speech evaluations." Send it CERTIFIED Mail with RETURN RECEIPT REQUESTED. This puts a rather quick federal timeline for them to do the evaluations and determine what problems he is having. In the meantime, make an appt with a neuropsych as soon as you can. Usually, there are waiting lists but during that wait, you can have him evaluated by a pdoc for now just to get things moving. Sooner rather than later and it sounds like you might have no choice but to find the time to juggle appts. Gfg2's success may depend on it.

Good luck and {{{HUGS}}}.

[slsh]

I can't quote regs on this, but I'm not sure that an IEP would protect your child from expulsion from this school. To me, the fact that he had to be tested in order to attend says this is not your average public school (i.e. neighborhood school). IDEA guarantees free and appropriate public education in least restrictive environment. Appropriate education, not best education.

It might be worth taking a look at the school's policies. What do they have to say about special ed services and/or academic supports, or disabilities in general? What services do you think your child needs in order to succeed?

I tend to expect the worst, but I'd be concerned that since this is a selective high school, not open to all students, that an IEP wouldn't do much at all in terms of preventing expulsion based on academics. They wouldn't be kicking him out of "school" for failing classes, just out of this selective program.

OTOH - have you talked to the teachers about his performance? Do you have the sense they might be willing to make accommodations in terms of homework reminders, or tutoring or something along those lines? You've obviously got a bright kid on your hands. I don't know - just tossing stuff out.

Anyway.... just my opinion and gut feeling.

[JJJ]

With an IEP, they cannot kick him completely out of school, but they do not have to allow him to attend that magnet school. That being said, if accomodations for him can allow him to succeed in that magnet school, they are required to provide those accomodations (ie. an organizational aide who helps ensure the homework gets to the right teachers, etc)