Thanks Tzoya! I am calling a lawyer today, this is way out of my league!
Kelly
If it is found, during the Manifestation Determination, that your son's behaviors are an outgrowth of his disability (clearly, they are) his suspension will be expunged from the record. However, the school district is allowed to put him in an interim alternative setting (even at home) for up to 45 days while his IEP is revisited to see if the current placement is inappropriate. I would call a lawyer immediately if you don't want your son moved permanently.
Hello everyone...long story, made short. I'll leave out alot to make this to the point.
I had to pick my son up from school today for "hitting" a teacher/and principal upon being restrained. (he's in second grade) The principal also informed me that " I am suspending him for 10 days"...(This was the second time he's hit a teacher due to restraining - he did hit once last week). My son has a complete IEP/FBA/BIP in effect. His FBA/BIP are very current, we just had them redone during the last month of school last year. We had a school IEP meeting before school started to go over everything for him so we'd be set from day one.
This is the second "incident" that has occured. The first one last week we are still waiting for a "report" about what happened. (after numerous requests and reminders that it is written into our IEP). We were not given a write up about today yet either. From what little info I have, it seems that they did not follow his BIP at all, except for the final part about what to do in extreame situations. In other words, they ignored everything until he had a meltdown.
We have a meeting Monday called a "manifestation" meeting. Apparently, if we can "prove" that his behaviors resulted as a manifestation of his disability, than the suspension is dropped and they revisit the IEP/FBA/BIP....if not, then he continues on the 10 day suspension and we go to the School Superintendent and meet with him and the IEP team to discuss this. ( I spoke with him today to clarify what needs to happen).
My question here is ...I am about 100% sure they DID NOT follow any of his BIP/IEP. Should I try and get a lawyer that specializes in IEP's??? Things have never gotten this bad before.
(thanks for letting me vent!!!!)
kelly