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Special Ed 101
HELP!! manifest determination hearing
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<blockquote data-quote="Superpsy" data-source="post: 273765" data-attributes="member: 5848"><p>Sorry to be the one to say this but there is a clause where the school district can unilaterally remove a student for up to 45 days (alternate placement) for possession of illegal drugs. Drugs, weapon possession and causing bodily injury to someone are the three exceptions. My guess is the sd will try to make this argument. The case I would make is that the Immodium possession is a school policy issue NOT an illegal substance. Then I would make the argument that the possession of the Immodium was a manifestation of his disability.</p><p></p><p>It sounds like you're doing a good job getting prepared. I just wanted to make you aware of this clause. Good luck!</p></blockquote><p></p>
[QUOTE="Superpsy, post: 273765, member: 5848"] Sorry to be the one to say this but there is a clause where the school district can unilaterally remove a student for up to 45 days (alternate placement) for possession of illegal drugs. Drugs, weapon possession and causing bodily injury to someone are the three exceptions. My guess is the sd will try to make this argument. The case I would make is that the Immodium possession is a school policy issue NOT an illegal substance. Then I would make the argument that the possession of the Immodium was a manifestation of his disability. It sounds like you're doing a good job getting prepared. I just wanted to make you aware of this clause. Good luck! [FONT=Times][SIZE=3][COLOR=#0055a4][COLOR=#0055A4][FONT=Times][/FONT][/COLOR][/COLOR][/SIZE][/FONT] [/QUOTE]
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HELP!! manifest determination hearing
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