IEP Legality Question

Discussion in 'Special Ed 101' started by Shari, Jan 28, 2010.

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  1. Shari

    Shari IsItFridayYet?

    I posted in General, too...but thought you guys might know here.

    Short recap, Wee was suspended for 5 days on Tuesday, January 19. He was not to return to school until Wednesday, January 27.

    I appealed the decision and called an emergency IEP meeting. We met on Friday, January 22, and the team decided that Wee cannot be suspended for any longer than 1 day.

    As of the date of the decision, January 22, Wee had served 3 days suspension and had 2 left to serve.

    Legally speaking, does he finish the 5 day suspension and not return til January 27, or does he return to school the next school day?
  2. JJJ

    JJJ Active Member

    He returns immediately.
  3. Shari

    Shari IsItFridayYet?

    That's what I thought.

    I kept him home Monday because SpEd teacher was gone. Until they have a viable option for him when she's gone, I won't send him to school. I took him Tuesday and principal made clear he still had another day of suspension to serve.

    Wee is home today because SpEd is gone again. Principal is counting this as "day 5".

    I am debating bringing it up or not...I'd like to, but then again...this gives him the 10 days suspension, no questions asked and no debates, so we can ask for the manifestation hearing...
  4. JJJ

    JJJ Active Member

    You don't need to wait for 10 days to call for a manifestation hearing. It is just automatic after 10. Do you want his placement changed?
  5. Shari

    Shari IsItFridayYet?

    I didn't realize you didn't have to wait the 10 days...I thought you had to have 10 days out. Good to know. Thanks.

    And maybe.

    I just have no idea where else to go, or what more this district can do for him. Some of them get it; others don't. The "don'Tourette's Syndrome" are hurting him. This has been a much better year, but still, my involvement has been HUGE (over $10k docked pay and this year will be worse as I'm not allowed to make up anything this year). Their knee-jerk reaction to him remains "get him out". This can't keep going, even tho it is better.

    But, in the words of Ron White...'you can't fix stupid'. I can't make them "get" what they don't "get"...

    But we don't really have any options that do have experience with this type of anything will be a stab in the dark, and routine is so important to him...uprooting him is a big deal in itself.
    Last edited: Jan 28, 2010
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