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Special Ed 101
Suspended for 5 days - now at 11 total
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<blockquote data-quote="klmno" data-source="post: 118290" data-attributes="member: 3699"><p>My difficult child went through something similar last year. They first said they were putting him on long-term suspension for too many violations of code of conduct- then they realized that they couldn't really because the violations were more disruptions- nothing violent, dangerous, etc. and he's on an IEP for disruptive behavior/emotional disturbance and he had no BIP in place. So, then they called it a change in placement and put him on homebound- but no homebound teacher actually ever showed up. They called a few times and arranged a time, but seemed to never actually make it to the house. So, I filed an appeal and spoke with a spec. Ed attny. </p><p></p><p>Based on this experience, I would suggest getting a behavior record of your difficult child for the school year so far, scrutinize it- ask yourself these questions- was any of it violent or dangerous? Were these incidents a manifestation of his disability? When a violation occurred was a BIP in place and if so, was it modified to help prevent more occurrences? Is there anything your difficult child needs to assist in getting a FAPE that can only be gotten by attending school, and can't be gotten by homebound placement. </p><p></p><p>If your answers are no, yes, no, yes, I would check into an appeal and an attny, if you can get one right away. You need to do it quickly if your sd has a 10 day limit for appealing (which they might not have told you about). </p><p></p><p>Even if the answers aren't those listed above, as long as difficult child is not violent/dangerous, our sd keeps many in a mainstream school who violate the rules multiple times a day- much less in a school year. I haven't figured this one out yet, but I think it might be worth looking into- read the sd's or the state's policy on this.</p><p></p><p>Good luck!! </p><p></p><p>by the way- this didn't get my difficult child back in right away- he missed a quarter of school last year. But, they didn't put up too much of a fuss when I showed up with him to start this school year and I noticed that even though I have some IEP complaints, whenever I complain to the principal about something, she does seem to do something about it rather quickly!! At least in our state, I could have sued them royally! Oh yeah- document every phone call and meeting with the homebound teacher- apparently they don't like the job and at least here, it's not uncommon for them not to show up. You have a case right there if they don't!! And then, take the offensive and start writing letters asking how they are going to make up for the education that they didn't provide your difficult child- mentioning that they surely don't expect him to take the year over when it was them that didn't provide the education. The basis being- if he's not violent/dangerous or committed a felony, I think it is against the law to expel him if he's on an IEP for something behavior related. Now, if the homebound teacher shows up and is wonderful it's a different story, then you need to go back to whether or not they had a right to put him on homebound in the first place- was everything possible tried in the school first?</p></blockquote><p></p>
[QUOTE="klmno, post: 118290, member: 3699"] My difficult child went through something similar last year. They first said they were putting him on long-term suspension for too many violations of code of conduct- then they realized that they couldn't really because the violations were more disruptions- nothing violent, dangerous, etc. and he's on an IEP for disruptive behavior/emotional disturbance and he had no BIP in place. So, then they called it a change in placement and put him on homebound- but no homebound teacher actually ever showed up. They called a few times and arranged a time, but seemed to never actually make it to the house. So, I filed an appeal and spoke with a spec. Ed attny. Based on this experience, I would suggest getting a behavior record of your difficult child for the school year so far, scrutinize it- ask yourself these questions- was any of it violent or dangerous? Were these incidents a manifestation of his disability? When a violation occurred was a BIP in place and if so, was it modified to help prevent more occurrences? Is there anything your difficult child needs to assist in getting a FAPE that can only be gotten by attending school, and can't be gotten by homebound placement. If your answers are no, yes, no, yes, I would check into an appeal and an attny, if you can get one right away. You need to do it quickly if your sd has a 10 day limit for appealing (which they might not have told you about). Even if the answers aren't those listed above, as long as difficult child is not violent/dangerous, our sd keeps many in a mainstream school who violate the rules multiple times a day- much less in a school year. I haven't figured this one out yet, but I think it might be worth looking into- read the sd's or the state's policy on this. Good luck!! by the way- this didn't get my difficult child back in right away- he missed a quarter of school last year. But, they didn't put up too much of a fuss when I showed up with him to start this school year and I noticed that even though I have some IEP complaints, whenever I complain to the principal about something, she does seem to do something about it rather quickly!! At least in our state, I could have sued them royally! Oh yeah- document every phone call and meeting with the homebound teacher- apparently they don't like the job and at least here, it's not uncommon for them not to show up. You have a case right there if they don't!! And then, take the offensive and start writing letters asking how they are going to make up for the education that they didn't provide your difficult child- mentioning that they surely don't expect him to take the year over when it was them that didn't provide the education. The basis being- if he's not violent/dangerous or committed a felony, I think it is against the law to expel him if he's on an IEP for something behavior related. Now, if the homebound teacher shows up and is wonderful it's a different story, then you need to go back to whether or not they had a right to put him on homebound in the first place- was everything possible tried in the school first? [/QUOTE]
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