being disciplined after IEP not followed

Discussion in 'Special Ed 101' started by cnels, Apr 17, 2007.

  1. cnels

    cnels New Member

    Is the school legally wrong if my child is disciplined because IEP wasn't followed? I posted this in the general forum. The Disciplinary action is a direct response to the IEP not being followed? Just want to know if I have a leg to stand on. I asked them to explain it to me in writing and so far the response has been I am wondering if the school can be in trouble?
  2. Sheila

    Sheila Moderator

    Yes. It is a non-compliant issue for the school district if they don't follow the IEP, e.g., violation of state and federal law.

    The IEP should dictate disciplinary procedures if your child has behavior issues as part of the IEP.

    FYI, retailiation against parent and/or child is prohibited by law.

    I hope you sent that letter via Certified Mail.
  3. cnels

    cnels New Member

    I told the school psychologist that this seems like retaliation. I didn't know it was against the law-thanks.
  4. cnels

    cnels New Member

    OK, I have to know from someone on this forum (I'm new to this whole IEP world)...was telling the school psychologist that my son was disciplined out of retaliation a little to harsh? Her reply was, "that's how you feel?" It felt good to stand up for my son, but at the same time...I have to work with these people, and I know they are trying hard. The punishment was uncalled for.

    Several days later the school called because he said a bad word, and I said you have my complete support to discipline him how you see fit. I am not trying to protect my 'baby' from discipline, only making them do what they should.
  5. Martie

    Martie Moderator

    It is a good idea to try maintain a positive relationship without being naive that schools "always do the right thing." They do not. However, for people who are dependent on the public school (which is most people), when you want to lash out, remember that they will have your child daily.

    If you are well informed and firm, you should be able to get what you son needs and keep things from escalating to opene hostility. That said, some schools ARE hostile--you don't have to do anything and they are hostile.

    Best to you,

  6. cnels

    cnels New Member

    Thanks Martie, There has been hostility of both our parts, but we have usually been able to work it out. I am leaning a lot. Also, I found out the reason they didn't follow the IEP (escort my son from resource room to class) is because according to the school psychologist 'we don't see him as a flight risk like you do'. It shouldn't matter though because it's in the IEP! I don't have the 'buy in' I need to make them want to follow it. Any ideas on how to get them to buy in to this part of the IEP? You would think that day when he was lost would prove it to them.
  7. Martie

    Martie Moderator

    Their "pinion" doesn't matter. If it is in the IEP, it should be followed.

    A more difficult thing is when the SD won't put a very necessary item in the IEP. been there done that personally.

    I do not think you should have to motivate them. I would follow Sheila's advice and send a letter firmly requesting compliance with the IEP --offering difficult child getting lost as evidence of its appropriateness if you want.

    Then if you do not get compliance. Write the same letter (more or less) referencing the earlier letter and copy your State Board of Ed. compliance division. I don't know much about CO, but all states have a single designated coordinator for IDEA BY LAW. It is almost always the State Bd of Ed.