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HELP! school and law problems
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<blockquote data-quote="Sheila" data-source="post: 39799" data-attributes="member: 23"><p>You need to get an advocate to work with you on this. Marti may have more insight on this, but I can't imagine it's permissible for the Hearing Officer to get with-the Superintendent prior to releasing his/her findings. Just doesn't pass the "smell test" with-me.</p><p></p><p>After a cummulative 10-day suspension, kids with-IEPs can be put into an alternative school for up to 45 days. Had difficult child been suspended for 10 days throughout the year?</p><p></p><p>After the first manifestation hearing, was an FBA ordered?</p><p></p><p></p><p>From the US Dept of Ed:</p><p>We believe the Act recognizes that a child</p><p>with a disability may display disruptive</p><p>behaviors characteristic of the childs</p><p>disability and the child should not be</p><p>punished for behaviors that are a result</p><p>of the childs disability. The intent of</p><p>Congress in developing section</p><p>615(k)(1)(E) was that, in determining</p><p>that a childs conduct was a</p><p>manifestation of his or her disability, it</p><p>must be determined that the conduct</p><p>in question was caused by, or had a</p><p>direct and substantial relationship to,</p><p>the childs disability, and was not an</p><p>attenuated association, such as low selfesteem,</p><p>to the childs disability. (Note</p><p>237245 of the Conf. Rpt., p. 225). The</p><p>regulation, which follows the statutory</p><p>language, thus accurately reflects the</p><p>manner in which the Act describes the</p><p>behavior of the child is to be considered</p><p>in the manifestation determination.</p><p>Further, section 615(k)(1)(F) of the</p><p>Act and § 300.530(f) provide that if the</p><p>LEA, the parent, and relevant members</p><p>of the IEP Team make the determination</p><p>that the behavior resulting in the</p><p>removal was a manifestation of the</p><p>childs disability, the following actions</p><p>must be implemented: (1) the IEP Team</p><p><strong>must </strong>conduct a functional behavioral</p><p>assessment, unless the LEA had</p><p>conducted a functional behavioral</p><p>assessment before the behavior that</p><p>resulted in the change in placement</p><p>occurred, and implement a behavioral</p><p>intervention plan for the child; (2) or if</p><p>a behavioral intervention plan already</p><p>has been developed, review the</p><p>behavioral intervention plan, and</p><p>modify it, as necessary, to address the</p><p>behavior; and (3) return the child to the</p><p>placement from which the child was</p><p>removed (other than a 45-day placement</p><p>under § 300.530(g)), unless the parent</p><p>and the LEA agree to a change in</p><p>placement as part of the modification of</p><p>the behavioral intervention plan. [emphasis added]</p><p></p><p>You'll find more on manifestation hearings and FBA's at <a href="https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf" target="_blank">https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf</a>.</p><p></p><p>Your State Education Agency is responsible for insuring that your school district follows federal Special Education law (IDEA 2004). In that it is so late into the year and filing formal complaints requires a lot of documentation, time for entities to formally respond, etc., I'd try to shake this loose by sending a letter of inquiry to the SEA and OSEP (cc'd to the Superintendent) about difficult child's status. Send it certified mail.</p></blockquote><p></p>
[QUOTE="Sheila, post: 39799, member: 23"] You need to get an advocate to work with you on this. Marti may have more insight on this, but I can't imagine it's permissible for the Hearing Officer to get with-the Superintendent prior to releasing his/her findings. Just doesn't pass the "smell test" with-me. After a cummulative 10-day suspension, kids with-IEPs can be put into an alternative school for up to 45 days. Had difficult child been suspended for 10 days throughout the year? After the first manifestation hearing, was an FBA ordered? From the US Dept of Ed: We believe the Act recognizes that a child with a disability may display disruptive behaviors characteristic of the childs disability and the child should not be punished for behaviors that are a result of the childs disability. The intent of Congress in developing section 615(k)(1)(E) was that, in determining that a childs conduct was a manifestation of his or her disability, it must be determined that the conduct in question was caused by, or had a direct and substantial relationship to, the childs disability, and was not an attenuated association, such as low selfesteem, to the childs disability. (Note 237245 of the Conf. Rpt., p. 225). The regulation, which follows the statutory language, thus accurately reflects the manner in which the Act describes the behavior of the child is to be considered in the manifestation determination. Further, section 615(k)(1)(F) of the Act and § 300.530(f) provide that if the LEA, the parent, and relevant members of the IEP Team make the determination that the behavior resulting in the removal was a manifestation of the childs disability, the following actions must be implemented: (1) the IEP Team [B]must [/B]conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change in placement occurred, and implement a behavioral intervention plan for the child; (2) or if a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and (3) return the child to the placement from which the child was removed (other than a 45-day placement under § 300.530(g)), unless the parent and the LEA agree to a change in placement as part of the modification of the behavioral intervention plan. [emphasis added] You'll find more on manifestation hearings and FBA's at [url]https://web.archive.org/web/20080512052619/http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/06-6656.pdf[/url]. Your State Education Agency is responsible for insuring that your school district follows federal Special Education law (IDEA 2004). In that it is so late into the year and filing formal complaints requires a lot of documentation, time for entities to formally respond, etc., I'd try to shake this loose by sending a letter of inquiry to the SEA and OSEP (cc'd to the Superintendent) about difficult child's status. Send it certified mail. [/QUOTE]
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