Discussion in 'General Parenting' started by Castle Queen, Jan 24, 2014.

  1. Castle Queen

    Castle Queen Warrior in training

    So even as we are in the process of finalizing difficult child's IEP, he was suspended yet again today for 2 days for flipping the bird to a substitute teacher. Penalties are doubled when it's a substitute....and he started Strattera last night in a last-ditch attempt to get mornings under control. The other morning he was humping (like a dog) my 11 year old and that was the last straw.

    My question today concerns the IEP. A fba was done, but Knight was only observed directly 3 times, once in Math, once in Science, and once in Phy Ed. From this they are drawing the conclusion that he is motivated by Power (did not pay any attention in Science class, merely read a book as the teacher lectured) and Attention (joking around, crawling on the floor, poking kids with pencils). For those of you that have had FBA's done during the IEP process, does this sound like enough observation to you? His goals on the proposed IEP are things like "will be able to identify 5 methods of appropriately obtaining peer attention." Holy Smokes! I'm sure he could identify that now, he just can't put any of it into practice. I guess I'm not signing it "as is." I wonder if I should try to tweak it myself or if now is the time to call in an advocate? I hate to delay implementing some sort of plan any longer, but the plan we've got seems rather canned to me.

    Advice? Thoughts?? Having a rough day even though it was a victory that he did qualify for the IEP in this school.
  2. SomewhereOutThere

    SomewhereOutThere Well-Known Member

    No, that's not enough. Did you put in writing to request an IEP?
  3. Jules71

    Jules71 Warrior Mom since 2007

    I'm not totally sure as I have not been thru the process yet (just sent certified letter today asking for FBA/BIP). But I would not be happy with what you are describing. Did they include you as part of the behavior team and get your input? I have been reading a lot about good FBA's. I'll see if I can find some links.

    So they are saying the function of his behavior is to gain peer attention and/or power? I hate when they write goals and expect because they are written down your child is supposed to now he able to magically do it.
  4. Jules71

    Jules71 Warrior Mom since 2007

    Oh also my new advocate advised me to send a certified letter requesting all punitive measures stop until we can get a BIP in place as the incidents occurring are a manifestation of his disability and he would be better served with positive behavioral support.
  5. Castle Queen

    Castle Queen Warrior in training

    Jules, who did you send the certified letter to? difficult child has been suspended over 10 days this year now, he wanted to be on the basketball team but the continued detentions/suspensions have so far prevented him from being able to play in even one game, although he attends practices as they allow him to. We talked about a BIP in the meeting where they said he qualified for the IEP, but in the plan they mailed me there is no mention of it.
  6. Jules71

    Jules71 Warrior Mom since 2007

    I sent the letter to the sped teacher at the school with a copy to the district Special Education services (both certified letters). Let me get to my computer and I will paste a copy of the letter.
  7. Jules71

    Jules71 Warrior Mom since 2007

    Here is a copy of the letter I sent:

    In light of my son's new diagnosis of [insert here] and in addition to his current diagnosis of [insert here], I am hereby requesting that all punitive measures stop until the new evaluation and IEP are put into place --considering the incidents are a manifestation of [insert child's name here] disability. My research has led me to believe [insert child's name] would be better served with a positive behavioral plan.

    In addition, please consider this letter as my formal request for and consent to [insert district name here] to perform a functional behavioral assessment. Please include me in that assessment process. When the assessment is completed, please provide me with copies of all data and results. I also ask that a behavior team, including me as a member, be convened to develop a positive behavior support plan.

    Should you choose to respond, I respectfully request you do so in writing. Thank you.


    cc: Special Education Services, [insert district here]
  8. Jules71

    Jules71 Warrior Mom since 2007

    Your letter back to them needs to say you do not agree with the FBA and you feel more data needs to be collected. Did they ask you for your input on his behaviors at home and in the community? I have really been studying my difficult child's behavior at home so I will have something to provide when we meet. It used to seem he was just annoying for the sake of being annoying - now I can track almost every negative behavior back to several things (being hungry, feeling rejected when someone doesn't want to play or wants to stop playing, difficulty with transitions from one activity to another, task avoidance, etc.). I will not accept them saying it is just for attention or power or just because he is a brat. BS!
  9. Jules71

    Jules71 Warrior Mom since 2007

  10. svengandhi

    svengandhi Well-Known Member

    Before we got difficult child's FBA, the school used to send him home when he acted out. It was ridiculous - he WANTED to go home so he was rewarded. The main thing we got from his FBA (done in grade 6, he's a college soph now) was that he was NOT to be sent home but was to go to ISS, where everything was deadly dull. The evaluator observed in some classes, got input from his teachers and met with H and I - at the public library one evening because we didn't want the school overhearing our discussion. I think that it depends on the evaluator. Ours was excellent and was able to get the gist of difficult child pretty quickly. He even picked up on the abuse that his math/science teacher put him through, despite the fact that the teacher was actually trying to behave himself.

    I agree that punitive measures don't work and especially that penalties shouldn't be doubled when there's a sub because that upsets the kids' schedules.

    The positive that we gave difficult child was enrichment in his work - after we changed his math/science teacher. He had to behave in order to stay in honors.
  11. Castle Queen

    Castle Queen Warrior in training

    Sven, it's the same way with difficult child. The OSS isn't a deterrent whatsoever. I need to at least ask how they determine ISS vs OSS. Today difficult child's sitting at home alphabetizing books and movies instead of at school learning.
    Jules- thanks for the letter. It's pretty perfect, as is. Especially since the plan probably won't be implemented by Feb. 3.
  12. Wiped Out

    Wiped Out Well-Known Member Staff Member

    I believe the law still states that if one is suspended 10 days in a school year they have to do a manifestation determination. If it is found that his behavior is due to his disabilities I don't believe they can suspend him any more. I remember when difficult child was about 9 years old he had been suspended 7 times. At his iep meeting they invited the district spec. ed person.

    They figured that she would side with them in developing the iep. We showed up with notes from his psychiatrist, therapist, and his neuro-psychiatric exam. We weren't yet to the point of a manifestation determination. However, the Special Education person from the district completely sided with us. She was appalled at the reasons why difficult child was suspended, including the fact that they weren't following his bip. His Special Education teacher didn't follow the bip because difficult child didn't like it? Tough if he didn't like it. It was designed for him because it worked. (I had also heard through the grapevine that the spec. ed teacher didn't even know the bip until March of that year).

    If I were you I would be sure to get letters into his file from his psychiatrist and therapist.

  13. slsh

    slsh member since 1999

    To go along with Sharon's post, I'm thinking that a suspension for a total of more than 10 days in a school year constitutes a "change of placement" for a student with an IEP, and another IEP team meeting is mandated (in addition to manifestation determination hearing). If Knight had an IEP prior to this school and school was aware of it, or if he's been suspended more than 10 days since IEP evaluation was requested, then the 10-day rule is in play because school was aware they were dealing with a student who had a disability (or potentially had a disability if this is his first IEP).

    A quote from Wrightslaw (pay special attention to the final sentence here - they must still provide education during suspensions over 10 days even if reason for suspension is not related to disability. I *always* counted ISS as a day of "suspension" because that meant my kid wasn't getting an education while he sat in principal's office):

    Most importantly, a school system cannot impose a long-term suspension or expel a student with special educational needs if the behavior for which s/he is being disciplined was a "manifestation" of his or her disability. (§1415(k)(4)(B),(C)) IDEA provides that the IEP team must find that behavior was a manifestation of the child's disability if:
    • the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or
    • the conduct in question was the direct result of the local educational agency’s failure to implement the IEP.

    If either of these circumstances applies, the IEP team must correct the IEP or its implementation and, except for the 45-day provisions I described earlier, the school cannot legally suspend the student beyond ten days. If the team finds that the behavior is not a manifestation of the child's disability, the school can suspend longer than ten days as it can a student without a disability, but must still provide ongoing education under his/her IEP during the suspension.

    Have to ask - the 5 appropriate ways to get peer attention - were those 5 ways spelled out? Who is responsible for teaching him those 5 ways? How will that goal be measured? Identifying is one thing, putting it into action is another, and who will be measuring that? Or does he only have to identify and not put into action?

    IEP goals can be a bear - I had at least 30 IEP meetings between my 2 sped kids, and I *still* had a really hard time getting the goals properly written. Usually I was so aggravated with the darn team that goal writing was secondary, and the stuff they would come up with for my difficult child... ugh. If you have the opportunity to find an advocate, I would highly recommend it. My best support and advice came from parent advocates - maybe there's a group in your area who can help out?
  14. Castle Queen

    Castle Queen Warrior in training

    Oh yes, the measurement slsh....the goal will be measured by "observation" and "checklists". He will be in a social skills class 3 times a week for 20 minutes to learn these skills. I have hesitated on getting an advocate because I don't want to appear adversarial to the school...I have another kid that I don't want to be negatively affected.
  15. slsh

    slsh member since 1999

    I understand, believe me I totally understand, the desire to not be seen as adversarial. Only you will know if/when the time has come to get an advocate. I would, in my humble opinion, very strongly address the suspensions though because it is impacting not only his education but also the opportunity to have some social interactions with the basketball.

    Some districts are just going to do what they want until you get an advocate in. on the other hand, the elementary district here in IL that I dealt with got in line very quickly when I showed up at one of my easy child's first few IEP mtgs with a binder labeled in big black bold letters "IDEA statutes" and another one with the IL sped statutes, LOL. I was *not* happy with the direction things were going, and those binders did the trick.

    It's really unfortunate that a lot of times it comes down to intimidation, but.... it is what it is. Some folks play fair and remember the goal (education, not punishment/exclusion/whatever), and some just never will.