I'm disturbed at both the suspension and the number of days. In addition to the advice you have already received, please consider the following:
1. You can see if the suspension can be rescinded (you may need to go over the principal's head for this), because your child is being punished for having a disability, basically. Autistic children can and often do hit. Also see if the number of days can be reduced. And for the future, see if he can get in-school suspension if they must go this route. I'd have in-school suspension as part of the BIP but only as a last resort. You picking him up early should be the next to last resort. Neither option helps the child to improve his or her behavior.
2. If the school really wants your child to be in that other school 40 miles away, it could be building a case for removal by suspending and having you pick him up early. Such actions signal that the current placement is not the right one. Of course, they also signal that the school is not doing meeting his needs. But it's all the same. If you don't want the school that is far away, but you want the closer school, now may be the time to explore hiring an advocate. Even though the meeting is today, depending on the outcome, you may need to call another meeting, and it would be good to have an advocate with you.
Hi
I was just wandering the internet and found this group. I have been so upset that I would love any input someone could give. This started 3/12 I got a phone called at 1:55 (10 min before school gets out) saying I need to come pick my son. He is a 6yr old non verbal severely autistic child. I went and picked him up and was told that he had hit another child (i felt really bad). The next day he goes to school and at 12:30pm the vice princ call to tell me he was susppended for 5 days! I thought that was over kill. Also I must say the other child was not hurt but got scared. He also what had happen was he was trying to get attention from teacher than aid and they would turn their heads so guess he thought he would get someones attention. It makes me really upset because Gabe has NO CLUE he did not understand any of this. Since than he has been waiting in the morning with his backpack on wanting to go to school. I started doing more research and found his teacher credentials she is a Intern authorized for Mild/Moderate disabilities! I am in California and they state in thier laws that Autism teachers are suppose to have a Moderate/Severe Credentials PLUS she is a INTERN! So I called a emergancy meeting for tomorrow to discuss this not sure how to bring it up??? I had been told before that they would send him to another school that is 40 miles away that is ONEWAY. Now, I live right next to another school district that I would love to send him to but they say I would have to do that myself that they can ONLY offer me the 40 miles away one. So please if anyone has any thought let me know.
Thank you
Wendy
Wendy - You've come to the right place for help. Unfortunately, time is not on your side here.
Given you have a meeting scheduled tomorrow, you're a bit under the gun to learn all you need to learn to deal with this situation. The reality is, there are laws in place to address this type of situation because it's recognized that a child with a disability can have behavioral issues that are a MANIFESTATION OF THEIR DISABILITY. However, you need answers now.
First thing you need to do is insist they perform a Functional Behavioral Assessment on your son. This needs to be done by someone qualified to perform one....not the teacher. Ideally, someone from the outside with credentials. The FBA will identify the things that are causing the behavior (all behavior from a child with autism has a cause). Once this information is collected and analyzed, a Behavior Intervention Plan (BIP) is established and becomes part of your child's IEP. The BIP should consist predominately of positive behavior interventions to address those things that cause a negative reaction in your son. All individuals who work with your child should be trained in how to implement these methods.
Secondly, review the Wrightslaw website located at:
It has a wealth of information related to advocating for your child. I strongly recommend you purchase and read the book, "From Emotions to Advocacy". It's available on their website as well as Amazon.
I personally find it ludicrous that they would suspend a 6 year old child severely autistic child for hitting another child. Seems to me they have no idea how to handle this situation properly and are probably hoping you'll move him to a different school. They need to figure out how to make this work, and it's up to you to show them the error of their ways.
Wendy - Also, you can perform a "search" function on this website that might provide you with some additional information. I would do a word search on the following phrases:
"school suspension"
"suspension"
"functional behavior assessment"
"behavior intervention plan"
"BIP"
These topics have been covered in the past, so there's more information here that may be of some benefit to you.
Lastly, I also recommend you put your requests in writing. Written documention holds a lot more weight in the event you have to pursue legal recourse with the SD. If it's not written down, it wasn't said/requested.
Good luck tomorrow.
The FIRST thing you need to ask for is a FUNCTIONAL BEHAVIORAL ASSESSMENT and have a written BEHAVIOR INTERVENTION PLAN included in his IEP. This means you MUST call an official IEP meeting, if today's meeting is not one. You must also ask to see your son's teacher's credentials. It is your right to ask for this. Under current special ed law (IDEA 2004), our children have a right to be taught by a "highly qualified teacher." That doesn't mean an INTERN. You can go to your state ed website and search "highly qualified teacher" and there should be a list of requirements for a special education teacher (these requirements vary a lot, state by state).
Yes, your son actually cannot be punished for a Manifestation of His Disability and the meeting should be about that. However, a child can be suspended for up to 10 days in a school year before he is protected by this clause. On the 11th day of the suspension, there must be a Manifestation Determination hearing, which means an IEP team meets to determine if the behavior was a manifestation of the child's disability and, if it was, the punishment is cancelled and the IEP is revisited so that it includes behavioral supports.
Here is a link to a list of articles at Wrightslaw that cover this topic:
Great advice, shenom. Paper trails are vital. I'd start a 3-ring binder and keep ALL the written correspondence about this issue in the binder in chronological order. I'd also include a phone log. Go to www.wrightslaw.com and search "paper trail" and you'll turn up TONS of great advice.Dear Wendy,
Welcome to our boards...I am so very sorry about what happened with your son. The fact that he doesn't understand and waited with his backpack to go to school in the morning brings tears to my eyes. Please, please, please let us know what transpires. The people on this site will do everything in their power to help you through this.
Good luck and God Bless you and your beautiful child!
Hi
Well the meeting is done. I got somethings out of it and some more question also to reserch. I got them to get a independent assessment person to come out. I got them to assess him for asst technology. They are making a "cool day" room for him if class get to much for him. I told them I would not come running up there everytime they called and that IF I did come pick him than I want a written notice of why he has to go home. Told them I would use those notices to protect my son from them not giving him a education. Also told them that every communication tool they use I want them to provide me at home with the same. Of course they would never agree to what they did was wrong. Also I think I caught them in a lie about the teacher credentials. Her credentials say on the Ca. Commission of Teacher Credentrials website that she has credentials in Mild/Mod but they told me she has credentials in Mod/Severe which is what the state of Ca states you have to have to teach Autism. So anyone out there that is from Ca do you know if the Commission for Teacher Credentials is up to date with there information. If you know please let me know. They ACTED as if they really want to work with me and Gabe but time will tell. I told them I wanted a mthly meeting to see his progress and that if I seen no inprovement that I will be talking about private schooling at their dime. So let see what happens now.
I have to say thank you again to everyone and I love this site so now I know somewhere to vent and have people who are going though same things. That is a great thing to just have someone to listen to you.
Good for you! Stay on their posteriors, but you already know to do that!One last suggestion here. I would follow-up with a written letter addressed to the highest ranking individual at the meeting outlining EVERYTHING that was agreed to and requesting they get back to you immediately if you have misunderstood anything. This way you have a written record of what they said they would do, and if they don't respond it's clear they have agreed. It will be an invaluable piece of evidence in the event you ever have to pursue legal recourse.
You did great. Keep track of ANY day your son is sent home at all. Once the total number of incidents reach 10 in any single school year, they HAVE to have a Manifestation Determination meeting. Go back to www.wrightslaw.com and search Procedural Safeguards. Also, to to your state ed's website and search "discipline." Your state is likely to have a whole legal document setting out rules of the discipline of special ed. kids. Your District HAS to give you a copy of Procedural Safeguards at least once a year or anytime you ask for one. If you don't have a copy, send in a written request for one. Keep on top of this and let us know how it goes. Are they going to perform and FBA now and create a BIP? That's what the consultant should be doing. Ask that she phone you to discuss her observation of this class.I agree with Tzoya...You did a great job...BRAVO! And please do keep us posted.Thank you everyone for your replies. It is now time for me to go to the battlefield I got all my papers and ready to go I am really nervous BUT it has to be done. Will let you all know tonight how it went THANKS AGAIN