Re: Re: HELP! My son was suspended yesterday

[Guest guest]

and my question is, what set him off?

Subject: Re: HELP! My son was suspended yesterdayTo: Texas-Autism-Advocacy Date: Sunday, December 21, 2008, 12:37 AM

First of all, they are probably violating his IEP if they are suspending him for 'not calming down'. They cannot just arbitrarily decide that this is a consequence for his behavior. If his behavior is by definition a result of his disability that is another reason they cannot penalize him for it. Someone else please correct me if I am wrong, but unless he broke a serious code of conduct such as causing serious bodily harm, than they should not be able to do this. I would put this in writing and call an IEP meeting to discuss 'positive behavior supports", which they are obligated by law to provide. Good luck. >> Was there a manifestation determination meeting for your son? Your ARD> Committee also needs to revise your

son's BIP.> > Tonya> > > > From slaw, 2nd Edition (www.wrightslaw. com) > > page 33:> > Manifestation Determination> > The law requires the IEP team, which includes the child's parent, to review> all relevant information in the> > child's file, including information provided by the parent, to determine if> the negative behavior was caused by> > the disability, had a direct and substantial relationship to the disability,> or was a result of the school's failure to> > implement the IEP. > > See (20 U. S. C. § 1415(k)(1)(E)> > Functional Behavioral Assessments and Behavior Intervention Plans> > If the IEP team determines that the child's behavior was a manifestation of> the disability, the IEP Team "shall> > conduct a functional behavioral

assessment and implement a behavioral> intervention plan." If the child already> > has a behavior intervention plan, the IEP Team shall modify the plan to> address the child's behavior. > > See 20 U. S. C. § 1415(k)(1)(F)> > > > > > > > From: Texas-Autism- Advocacy@ yahoogroups. com> [mailto:Texas-Autism- Advocacy@ yahoogroups. com] On Behalf Of melissame429> Sent: Thursday, December 18, 2008 10:02 AM> To: Texas-Autism- Advocacy@ yahoogroups. com> Subject: [Texas-Autism- Advocacy] HELP! My son was suspended yesterday> > > > I am so mad! I

received a call yesterday at 9 am,(School starts at > 8:50)asking if I could come to the school and pick up my son, because> he was having a tantrum, and had aggressive behavior. I asked them to> put him on the phone because I was 20 miles away from the school> headed to an appointment for work.> When they put him on the phone he was crying and wanted to tell me> what happened, but before I could calm him down, they took the phone> away from him. I told them I could not bet there for at least 90 min,> and if he hadn't calmed down to please call me back.> They didn't call until 11:00, and at that time I asked if he had> calmed down, and they said yes, but they STILL wanted me to come pick> him up.> They informed me that he was suspended. This was a consequence for> his behavior. (yes, he has a B.I.P.) > I am furious that even after he calmed down, he was

forced to leave> the school. Does anyone know what my rights are? I an in the Cy-Fair> district and this is a brand new school this year, so the ARD team is> all new to me. Oh, I forgot to mention that he is in 5th grade, and> is AU and was in his resource room at the time. He spends part of his> day there, and part in a co-teach, and part with in class support. > I remember someone mentioning an advocate that was volunteering time> for us, but I can't seem to find that post. > I appreciate any input on this..I can be a bulldog in an ARD if I have> to, but I need help on this one...>