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school suspension unfair?
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<blockquote data-quote="slsh" data-source="post: 407773" data-attributes="member: 8"><p>Hi Stuck, and welcome!</p><p></p><p>The thing that really strikes me is that you state principal has been trying to get your son placed in a special education class, yet has now suspended him for more than 10 school days in 1 year. Since he's been trying to move your son, he is aware that your son may potentially have a disability, so he's made a big goof in suspending him now for 10 days on top of the prior 3 without scheduling an evaluation or mtg with you to discuss placement. An IEP does not have to be in place for the 10-day rule to apply - the district simply has to be aware of the possibility of a disability. </p><p></p><p>I'm going to assume, based on the his offense, that your son is in early elementary school. A 10-day suspension is very much over the top. He was not violent, didn't threaten anyone. It's beyond overkill. As someone else mentioned, you need to get a copy of the district's policy on suspensions, as well as the appeal process.</p><p></p><p>Has anyone from the district ever asked your permission to do an evaluation on him, to determine if he qualifies for Special Education services? If not, based again on principal's efforts to get son moved to a sped class, they have grossly failed the child find requirements, and that is a procedural violation that could get them into serious hot water for failing to implement IDEA (sped law).</p><p></p><p>Plan of action, in my opinion, would be first to get copy of district policy and get an appeal going today. Secondly, you need to request a sped evaluation. In your written request to Special Education director (sent certified, and I'd send a copy to principal to get him to pipe down), you need to state very clearly that principal has been trying to move son to sped class (I'm assuming) without an evaluation, yet has also handed down suspensions totaling 13 school days without initiating evaluation or any other interventions, in clear violation of IDEA since apparently principal is suspecting disability.</p><p></p><p>Next, I'd strongly recommend you educate yourself and/or find an advocate to help you with- Special Education laws. Wrightslaw.com is a great resource. The district is required to provide free and appropriate public education (FAPE) in least restrictive environment (LRE). A self-contained Special Education classroom is more restrictive than a reg. ed. classroom. Changes in placement (which actually means changes in *services* provided to your son) should be done in a step-wise progression. If your son is receiving no sped services currently, no supports in red ed classroom, a move to a self-contained classroom does not meet FAPE in LRE. They should provide services in reg ed classroom first. Actually, the very *first* thing they need to do is evaluate your son to determine if he requires sped services at all.</p><p></p><p>Also, if you could do a signature (see the "To newer members" thread at the top of this forum), it would help us keep your details straight.</p><p></p><p>Again - welcome! Hang in there. Dealing with SDs can be really challenging sometimes. The best thing you can do right now for your son is cram on sped law.</p></blockquote><p></p>
[QUOTE="slsh, post: 407773, member: 8"] Hi Stuck, and welcome! The thing that really strikes me is that you state principal has been trying to get your son placed in a special education class, yet has now suspended him for more than 10 school days in 1 year. Since he's been trying to move your son, he is aware that your son may potentially have a disability, so he's made a big goof in suspending him now for 10 days on top of the prior 3 without scheduling an evaluation or mtg with you to discuss placement. An IEP does not have to be in place for the 10-day rule to apply - the district simply has to be aware of the possibility of a disability. I'm going to assume, based on the his offense, that your son is in early elementary school. A 10-day suspension is very much over the top. He was not violent, didn't threaten anyone. It's beyond overkill. As someone else mentioned, you need to get a copy of the district's policy on suspensions, as well as the appeal process. Has anyone from the district ever asked your permission to do an evaluation on him, to determine if he qualifies for Special Education services? If not, based again on principal's efforts to get son moved to a sped class, they have grossly failed the child find requirements, and that is a procedural violation that could get them into serious hot water for failing to implement IDEA (sped law). Plan of action, in my opinion, would be first to get copy of district policy and get an appeal going today. Secondly, you need to request a sped evaluation. In your written request to Special Education director (sent certified, and I'd send a copy to principal to get him to pipe down), you need to state very clearly that principal has been trying to move son to sped class (I'm assuming) without an evaluation, yet has also handed down suspensions totaling 13 school days without initiating evaluation or any other interventions, in clear violation of IDEA since apparently principal is suspecting disability. Next, I'd strongly recommend you educate yourself and/or find an advocate to help you with- Special Education laws. Wrightslaw.com is a great resource. The district is required to provide free and appropriate public education (FAPE) in least restrictive environment (LRE). A self-contained Special Education classroom is more restrictive than a reg. ed. classroom. Changes in placement (which actually means changes in *services* provided to your son) should be done in a step-wise progression. If your son is receiving no sped services currently, no supports in red ed classroom, a move to a self-contained classroom does not meet FAPE in LRE. They should provide services in reg ed classroom first. Actually, the very *first* thing they need to do is evaluate your son to determine if he requires sped services at all. Also, if you could do a signature (see the "To newer members" thread at the top of this forum), it would help us keep your details straight. Again - welcome! Hang in there. Dealing with SDs can be really challenging sometimes. The best thing you can do right now for your son is cram on sped law. [/QUOTE]
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