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Special Ed 101
My Kindergartener got SUSPENDED for 3 days!
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<blockquote data-quote="Sheila" data-source="post: 82737" data-attributes="member: 23"><p>If you sent a letter to the school district via certified mail, your child falls under IDEA/IEP Protections for children not yet eligible for Special Education:</p><p></p><p>Statute: TITLE I / B / 615 / k / 5</p><p>(5) Protections for children not yet eligible for special education and related services.--</p><p></p><p>(A) In general.--A child who has not been determined to be eligible for special education and related services under this part and who has engaged in behavior that violates a code of student conduct, may assert any of the protections provided for in this part if the local educational agency had knowledge (as determined in accordance with this paragraph) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.</p><p></p><p>(B) Basis of knowledge.--A local educational agency shall be deemed to have knowledge that a child is a child with a disability if, before the behavior that precipitated the disciplinary action occurred--</p><p></p><p>(i) the parent of the child has expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services;</p><p></p><p>(ii) the parent of the child has requested an evaluation of the child pursuant to section 614(a)(1)(B); or</p><p></p><p>(iii) the teacher of the child, or other personnel of the local educational agency, has expressed specific concerns about a pattern of behavior demonstrated by the child, directly to the director of special education of such agency or to other supervisory personnel of the agency.</p><p></p><p>HOWEVER, even children with IEPs can be suspended for up to 10 days per school year unless their BIP says otherwise. </p><p></p><p>The school district has 60 days to complete their evaluation. You might want to send a follow-up letter asking when the evaluation will be completed -- via Certified Mail, of course.</p><p></p><p>Don't mean to be a downer, but an ODD diagnosis after one visit to a psychologist should be taken with a grain of salt, in my humble opinion. These type diagnosis are suppose to made made only after other disorders have been ruled out. As I understand it, the reason for this is because many disorders have the same symptoms. Most of the difficult children you'll see diagnosed on this site could have been diagnosed with ODD and some were. It's the underlying problems causing the ODD behavior a parent needs to get to in order to create an overall, appropriate multimodal treatment plan.</p><p></p><p>Every child's treatment plan will look different depending on the needs of the child. And it doesn't happen overnight.</p><p></p><p>You're doing good! Keep on going forward.</p></blockquote><p></p>
[QUOTE="Sheila, post: 82737, member: 23"] If you sent a letter to the school district via certified mail, your child falls under IDEA/IEP Protections for children not yet eligible for Special Education: Statute: TITLE I / B / 615 / k / 5 (5) Protections for children not yet eligible for special education and related services.-- (A) In general.--A child who has not been determined to be eligible for special education and related services under this part and who has engaged in behavior that violates a code of student conduct, may assert any of the protections provided for in this part if the local educational agency had knowledge (as determined in accordance with this paragraph) that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred. (B) Basis of knowledge.--A local educational agency shall be deemed to have knowledge that a child is a child with a disability if, before the behavior that precipitated the disciplinary action occurred-- (i) the parent of the child has expressed concern in writing to supervisory or administrative personnel of the appropriate educational agency, or a teacher of the child, that the child is in need of special education and related services; (ii) the parent of the child has requested an evaluation of the child pursuant to section 614(a)(1)(B); or (iii) the teacher of the child, or other personnel of the local educational agency, has expressed specific concerns about a pattern of behavior demonstrated by the child, directly to the director of special education of such agency or to other supervisory personnel of the agency. HOWEVER, even children with IEPs can be suspended for up to 10 days per school year unless their BIP says otherwise. The school district has 60 days to complete their evaluation. You might want to send a follow-up letter asking when the evaluation will be completed -- via Certified Mail, of course. Don't mean to be a downer, but an ODD diagnosis after one visit to a psychologist should be taken with a grain of salt, in my humble opinion. These type diagnosis are suppose to made made only after other disorders have been ruled out. As I understand it, the reason for this is because many disorders have the same symptoms. Most of the difficult children you'll see diagnosed on this site could have been diagnosed with ODD and some were. It's the underlying problems causing the ODD behavior a parent needs to get to in order to create an overall, appropriate multimodal treatment plan. Every child's treatment plan will look different depending on the needs of the child. And it doesn't happen overnight. You're doing good! Keep on going forward. [/QUOTE]
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My Kindergartener got SUSPENDED for 3 days!
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