Definition of a DAY OF DISMISSAL???

[buddy]

I can't find my links to how a day of dismissal is defined. Our admin today told me that since Q has gone home for half days that he has only been out 2 days. You all know I have posted here way more than that about going to pick him up....sigh.


I thought a partial day was still counted for special needs kids as a day of dismissal. I dont know though.

[alongfortheride]

Yes. They count towards the 10 days for Manifestation Hearings and/or change of placement. They are counted and reported as half days.

[buddy]

So, I have had to pick him up at 10, 11, 12, 9 and they are saying because he was there part of the day it is only half days. There were other days that he was out for days after and then there were the days they said he could only come part day as a "transition" from phosp (the second short visit, he was only out of school for four days and the only reason he had a problem at school upon returning it turned out was a med error from the hospital, they didn't catch that his cloniidine patch had been removed and so he was off his med, once on he was fine but they insisted then on a transition plan....ugggg) which I said I didn't agree with and there was no iep team meeting but admin said it had to be so it was really dismissal days.

since he went to school, they are saying they are only half days. I dont agree....


Is there a legal definition of full day vs. half day?

If he has a problem first thing in teh am, they dink around and then call me at 11 to get him then he really missed out on the whole day of school.

Makes me crazy.

[InsaneCdn]

Call the advocate(s).

[buddy]

I did, just haven't answered yet so am trying to figure it out myself...

[alongfortheride]

As far as I see, in Minnesota, 2 partials = 1 day. This was revised in 2009. Also, if there is a pattern of dismissals (like the half day transitioning without PPT meeting) those can be counted as well.

[TeDo]

I don't know what to tell you Buddy. When I had to go pick gfg1 up during the day (no matter what time it was), they always sent a "Notice of Suspension" counting the partial day as 1 day and he was allowed to return the next day. You'd think that, with our SD at least, they wouldn't be in any hurry to reach the 10 days so why would they count the partial day as 1 day of suspension if the law allowed them to count partial days? That makes no sense. Can you call PACER and ask them? I will do some more checking, also.

[buddy]

Just seems like missing 5 out of 7 hours should not be counted as half of a day. Especially when the first two were spent in an office somewhere... uggg

Yeah, I put in the calls, I just was waiting and so hoping you wise wonders might know of a web addy to look. I tried the mn statutes, pacer, etc... but am not hitting things like I usually do for some reason.

just gotta be patient I guess...

[TeDo]

This is from “School Discipline of Students with Disabilities”: A Self-Advocacy Fact Sheet from the Minnesota Disability Law Center

You should watch for a pattern of exclusion. Sometimes a school will use a number of short suspensions to keep a student out of school. This is not legal. Pay attention to how many times the school suspends your child, how long each suspension lasts, and how close together the suspensions are over time.

I have a call in to MY PACER advocate too. You have me that curious.

[TeDo]

Do you have the dates, hours, etc written down somewhere? If not, you might need to read through you old posts to figure it out. If you do, AWESOME. You might need it.