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Can your child just be kicked out of school and abandoned?
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<blockquote data-quote="klmno" data-source="post: 194283" data-attributes="member: 3699"><p>The short answer is "No, but they might try". I'm assuming she has an IEP- if not, the route to go is "the school should have initiated the IEP process". Let's just hope that didn't happen and the family refused it. Assuming that she is on an IEP now, they can change her placement, but they can't kick her out altogether unless she did something like bring a weapon to school or try to burn the school down- the things it takes are so extreme that the kid is probably arrested if that had happened, then, in juvy, they provide an "education" (I use that term very lightly for that situation.)</p><p></p><p>Now, changing placement might mean that she would have to go to a different school- even that can be fought if there is reason. For instance, if they are trying to put her in a school for "bad behavior" but never tried a decent behavioral intervention plan where she was attending school.</p><p></p><p>Going back to my first statement where I said the sd might try to have a student kicked out- in 6th grade, when my son became manic at school but we didn't know that is what it was (he didn't have the diagnosis yet), they called me from school and told me to come and pick him up, that they were putting him on long-term suspension and he would see the hearing officer to determine if he could ever come back (this was for being disruptive too many times in a short period- they said he was out of control). That was not compliant with the law, I fought it, he was allowed back in. But, the fight took the rest of the school year and he wasn't allowed back through that process. When I started the process, they said difficult child would get homebound instruction- and that was documented to cover their rears, so on paper it looks like he was provided with an education. Oddly enough though, the homebound instructor never showed up.</p><p></p><p>The best thing to do- start documenting everything and compiling info on everything to date, contact a Special Education attny and let the director of Special Education at sd know about it. What I did- made a few phone calls and one visit to an attny, then wrote a letter to the sd Special Education director, superintendent, and my local rep on school board, I sent it certified mail to each person and included at the bottom "cc: Mrs. Principal & Mr XXX, attny at law." Things started changing pretty quickly after that. Another person you could add to your "cc list", state dept of educ. or the office for sped ed services. And, actually do send copies to these people. Refer to documentation proving things in the letter and include attachments of copied documentation. Then, they KNOW you are ready for a fight.</p><p></p><p>PS Sending you a pat on the back and many KUDOS for being a Big Sister! <img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite1" alt=":)" title="Smile :)" loading="lazy" data-shortname=":)" /></p></blockquote><p></p>
[QUOTE="klmno, post: 194283, member: 3699"] The short answer is "No, but they might try". I'm assuming she has an IEP- if not, the route to go is "the school should have initiated the IEP process". Let's just hope that didn't happen and the family refused it. Assuming that she is on an IEP now, they can change her placement, but they can't kick her out altogether unless she did something like bring a weapon to school or try to burn the school down- the things it takes are so extreme that the kid is probably arrested if that had happened, then, in juvy, they provide an "education" (I use that term very lightly for that situation.) Now, changing placement might mean that she would have to go to a different school- even that can be fought if there is reason. For instance, if they are trying to put her in a school for "bad behavior" but never tried a decent behavioral intervention plan where she was attending school. Going back to my first statement where I said the sd might try to have a student kicked out- in 6th grade, when my son became manic at school but we didn't know that is what it was (he didn't have the diagnosis yet), they called me from school and told me to come and pick him up, that they were putting him on long-term suspension and he would see the hearing officer to determine if he could ever come back (this was for being disruptive too many times in a short period- they said he was out of control). That was not compliant with the law, I fought it, he was allowed back in. But, the fight took the rest of the school year and he wasn't allowed back through that process. When I started the process, they said difficult child would get homebound instruction- and that was documented to cover their rears, so on paper it looks like he was provided with an education. Oddly enough though, the homebound instructor never showed up. The best thing to do- start documenting everything and compiling info on everything to date, contact a Special Education attny and let the director of Special Education at sd know about it. What I did- made a few phone calls and one visit to an attny, then wrote a letter to the sd Special Education director, superintendent, and my local rep on school board, I sent it certified mail to each person and included at the bottom "cc: Mrs. Principal & Mr XXX, attny at law." Things started changing pretty quickly after that. Another person you could add to your "cc list", state dept of educ. or the office for sped ed services. And, actually do send copies to these people. Refer to documentation proving things in the letter and include attachments of copied documentation. Then, they KNOW you are ready for a fight. PS Sending you a pat on the back and many KUDOS for being a Big Sister! :) [/QUOTE]
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