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<blockquote data-quote="slsh" data-source="post: 618613" data-attributes="member: 8"><p>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). </p><p></p><p>A quote from <a href="http://www.wrightslaw.com/info/discipl.suspend.crabtree.htm" target="_blank">Wrightslaw</a> (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):</p><p></p><p><span style="color: #0000ff">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: </span></p><ul> <li data-xf-list-type="ul"><span style="color: #0000ff">the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or</span></li> <li data-xf-list-type="ul"><span style="color: #0000ff">the conduct in question was the direct result of the local educational agency’s failure to implement the IEP.</span></li> </ul><p><span style="color: #0000ff"> </span></p><p><span style="color: #0000ff">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 <strong>cannot legally suspend the student beyond ten days</strong>. 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.</span></p><p></p><p>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?</p><p></p><p>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?</p></blockquote><p></p>
[QUOTE="slsh, post: 618613, member: 8"] 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 [URL='http://www.wrightslaw.com/info/discipl.suspend.crabtree.htm']Wrightslaw[/URL] (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): [COLOR=#0000ff]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: [/COLOR] [LIST] [*][COLOR=#0000ff]the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or[/COLOR] [*][COLOR=#0000ff]the conduct in question was the direct result of the local educational agency’s failure to implement the IEP.[/COLOR] [/LIST] [COLOR=#0000ff] 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 [B]cannot legally suspend the student beyond ten days[/B]. 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.[/COLOR] 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? [/QUOTE]
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