My 7 year Old Suspended for four Days MCPS

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My DC at the age of 7 was suspended for 3 days at a Bethesda ES. Total clusterf*ck. It was the principal's call. The rest of the staff looked stunned and embarrassed. In the end we got county placement because it was clear 1) the school couldn't handle dc and 2) dc needed different/better. MCPS is an f-in mess.

This is why Maryland now prohibits most suspensions for K-2 kids. The law just went into effect for this school year.

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&stab=01&id=hb0425&tab=subject3&ys=2017RS

That's good news! People thought our case should have been publicized but I was in the midst of going to county and I didn't want to encounter any problems as a result of this so I kept quiet.

Unfortunately the law has exceptions, "Assaults a teacher, teacher’s aide, student teacher, other
7 professional or paraprofessional school employee, or other student;" So it seems she can suspend our child regardless. This has just been an insane situation.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, the part about the para-educator mocking your child really struck me. I think you need to make a big deal about this and, if I were you, i would make it a separate issue from the appeal of the suspension itself. I would not want my child around this person.

Op here: I will definitely be making this a point. She is also a teacher in the afterschool program and has gotten complaints on yelling at the children and being unnecessarily harsh. This came up at an all parent meeting the program had earlier this year.

OP, which is the person who mocked him? The para or the substitute specials teacher? You agreed with the PP here but in your OP you stated:

"He then asks the substitute if he can stay in class because he didn't do anything wrong. The substitute proceeds to mock him and repeats in a high pitched voice "I didn't do anything wrong." My son then runs away. "

It sounds like you've gotten one side of the story but can't seem to manage to keep that straight...

OP?

OP here: I was agreeing with the portion about making the interactions with the paraeducator a separate point. The principal has admitted that she knew the para escalated situations with our child, even when in her presence and told to stop. They apparently were in the process of limiting contact prior to this situation which we just found out.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, the part about the para-educator mocking your child really struck me. I think you need to make a big deal about this and, if I were you, i would make it a separate issue from the appeal of the suspension itself. I would not want my child around this person.

Op here: I will definitely be making this a point. She is also a teacher in the afterschool program and has gotten complaints on yelling at the children and being unnecessarily harsh. This came up at an all parent meeting the program had earlier this year.

OP, which is the person who mocked him? The para or the substitute specials teacher? You agreed with the PP here but in your OP you stated:

"He then asks the substitute if he can stay in class because he didn't do anything wrong. The substitute proceeds to mock him and repeats in a high pitched voice "I didn't do anything wrong." My son then runs away. "

It sounds like you've gotten one side of the story but can't seem to manage to keep that straight...

OP?

OP here: I was agreeing with the portion about making the interactions with the paraeducator a separate point. The principal has admitted that she knew the para escalated situations with our child, even when in her presence and told to stop. They apparently were in the process of limiting contact prior to this situation which we just found out.

Umm. That's a big problem for the school. You can't suspend a child because of his disability. IF the para escalated (i.e. acted inappropriately by failing to behave in a manner inappropriate to the disability) and the school knew the para was a problem and was limiting contact but hadn't yet, then the school really can't suspend your child. The school created the incident by failing to appropriately accommodate the disability.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My DC at the age of 7 was suspended for 3 days at a Bethesda ES. Total clusterf*ck. It was the principal's call. The rest of the staff looked stunned and embarrassed. In the end we got county placement because it was clear 1) the school couldn't handle dc and 2) dc needed different/better. MCPS is an f-in mess.

This is why Maryland now prohibits most suspensions for K-2 kids. The law just went into effect for this school year.

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=billpage&stab=01&id=hb0425&tab=subject3&ys=2017RS

That's good news! People thought our case should have been publicized but I was in the midst of going to county and I didn't want to encounter any problems as a result of this so I kept quiet.

Unfortunately the law has exceptions, "Assaults a teacher, teacher’s aide, student teacher, other
7 professional or paraprofessional school employee, or other student;" So it seems she can suspend our child regardless. This has just been an insane situation.

I think you are reading the wrong section. This is Section 7-305-1 of the Education Code, which applies to K-2. I've bolded the most important parts. But the principal must consult the school psychologist and they must decide your kid is an imminent threat that can't be resolved another way. Also, according to MCPS rules, the principal must contact his own supervisor before suspending the student. So I'd interpret this to mean that your kid would have to be completely out of control within this section, and even then, the principal has to make at least two phone calls first. A single kick or push to a teacher is not what they are talking about. You should make sure the principal followed the proper procedures and find out if he really was an imminent threat.

7-305.1. Student enrolled in public prekindergarten program, kindergarten, first grade, or second grade -- Suspension or expulsion prohibited; exceptions.
(a) Definitions. --
(1) In this section the following words have the meanings indicated.
(2) "Public prekindergarten program" means:
(i) Any publicly funded prekindergarten program established under § 7-101.1 of this title; or
(ii) Any qualified vendor of prekindergarten services as defined in § 7-101.2(a)(7) of this title.
(3) "Restorative practices" means practices conducted in a whole-school ethos or culture that supports peacemaking and solves conflict by building a community and addressing harm in a school setting and that:
(i) Are conducted by trained staff;
(ii) Focus on repairing the harm to the community through dialogue that emphasizes individual accountability; and
(iii) Help build a sense of belonging, safety, and social responsibility in the school community.
(b) In general. --
(1) Except as provided in paragraph (2) of this subsection, a student enrolled in a public prekindergarten program, kindergarten, first grade, or second grade may not be suspended or expelled from school.
(2) A student described under paragraph (1) of this subsection may only be:
(i) Expelled from school if required by federal law; or
(ii) Suspended for not more than 5 school days if the school administration, in consultation with a school psychologist or other mental health professional, determines that there is an imminent threat of serious harm to other students or staff that cannot be reduced or eliminated through interventions and supports.
(3) The principal or school administration shall promptly contact the parent or guardian of a student suspended or expelled under paragraph (2) of this subsection.
(c) Intervention and support by school. --
(1) The school shall provide intervention and support to address the student's behavior if the student is:
(i) Suspended under subsection (b) of this section; or
(ii) Enrolled in prekindergarten, kindergarten, first grade, or second grade and:
1. Is disruptive to the school environment; or
2. Commits an act that would be considered an offense subject to suspension but for the student's grade.
(2) Intervention and support provided under paragraph (1) of this subsection includes:
(i) Positive behavior interventions and supports;
(ii) A behavior intervention plan;
(iii) A referral to a student support team;
(iv) A referral to an individualized education program team; and
(v) A referral for appropriate community-based services.
(d) Remedying impact of behavior. -- The school system shall remedy the impact of a student's behavior through appropriate intervention methods that may include restorative practices.
(e) Regulations. -- On or before May 1, 2018, the Department shall adopt regulations to carry out the requirements of this section.

[Anonymous]

^^^ Oh and the principal should be able to document that she followed the proper procedures and how they decided there was an imminent threat. In dealing with bureaucracies: if it isn't documented, it didn't happen.

[Anonymous]

I had diagnosed ADHD when I was growing up and if I ever did what OP's kid did, my parents would support the school 100% and wouldn't try to use my disability as a reason to justify my behavior. Disability doesn't mean free reign to behave however I please, even when I was 7.

I write this knowing I'll be flamed, but I've seen too many of these posts recently with parents justifying their child's behavior due to ADHD. You're not doing your child any favors by doing this.

[Anonymous]

The new law is interesting. Imminent threat is a very high bar. I think this is similar to the language they use in IDEA where they talk about removing a child from her current placement without parental consent.

I'm not an attorney but I would argue that this essentially makes all suspensions in K to 2nd illegal except in very rare cases. At that age if a child is an imminent threat to herself or others then suspension is not the answer. The child would need psychological and other help right away and may need to take time off.

[Anonymous]

Anonymous wrote:I had diagnosed ADHD when I was growing up and if I ever did what OP's kid did, my parents would support the school 100% and wouldn't try to use my disability as a reason to justify my behavior. Disability doesn't mean free reign to behave however I please, even when I was 7.

I write this knowing I'll be flamed, but I've seen too many of these posts recently with parents justifying their child's behavior due to ADHD. You're not doing your child any favors by doing this.

It's not that anyone on this thread is justifying the behavior, it's just an empirical fact that, at this age, ADHD or not, suspensions do not have the desired effect. Not that there should be no consequences, but the consequences should be meaningful to the child so that he or she learns from it.

[Anonymous]

This is the language in Wrights Law.

There are certain behaviors for which a school system can change a student's placement to an "interim alternative educational setting" for up to 45 school days. This is so if the student carries a dangerous weapon to school or a school function, knowingly possesses, uses, sells or attempts to sell illegal drugs at school or at a school function, or has inflicted serious bodily injury upon another while at school or at a school function. (§1415(k)(1)(G))

A school department can also try to convince a hearing officer in your state's special education due process system to order an interim alternative educational placement for up to 45 days by proving that maintaining the child in her current placement "is substantially likely to result in injury to the child or to others." (§ 1415(k)(3)(A))

[Anonymous]

Anonymous wrote:

Anonymous wrote:I had diagnosed ADHD when I was growing up and if I ever did what OP's kid did, my parents would support the school 100% and wouldn't try to use my disability as a reason to justify my behavior. Disability doesn't mean free reign to behave however I please, even when I was 7.

I write this knowing I'll be flamed, but I've seen too many of these posts recently with parents justifying their child's behavior due to ADHD. You're not doing your child any favors by doing this.

It's not that anyone on this thread is justifying the behavior, it's just an empirical fact that, at this age, ADHD or not, suspensions do not have the desired effect. Not that there should be no consequences, but the consequences should be meaningful to the child so that he or she learns from it.

Sometimes suspensions are what it takes to get the parents to realize that it's actually a problem. In a lot of cases, if it doesn't impact the parent so that they see it's a legitimate concern then there's little hope for the behavior actually changing.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I had diagnosed ADHD when I was growing up and if I ever did what OP's kid did, my parents would support the school 100% and wouldn't try to use my disability as a reason to justify my behavior. Disability doesn't mean free reign to behave however I please, even when I was 7.

I write this knowing I'll be flamed, but I've seen too many of these posts recently with parents justifying their child's behavior due to ADHD. You're not doing your child any favors by doing this.

It's not that anyone on this thread is justifying the behavior, it's just an empirical fact that, at this age, ADHD or not, suspensions do not have the desired effect. Not that there should be no consequences, but the consequences should be meaningful to the child so that he or she learns from it.

+1
No one, and definitely NOT OP who seems to be very on top of her child's issues, is trying to use a disability as an excuse.

By the time a kid's parents ask for or have an IEP for behaviors they are probably doing a heck of a lot trying to address what is going on. It is a huge process to get the IEP and it usually requires all sorts of documentation by the parents and the school. IME the people that try to find excuses for behaviors tend to be the parents in denial. Their kids are on behavior plans or causing daily disruptions year after year but they think it's because Larlo is just "bored" or "too advanced" or the teacher or school administration is terrible. They look to blame everyone else when they should be blaming themselves for doing nothing. They never get their child evaluated because they don't want Larlo associated with "those" children who have special needs and the problems go on and on and on.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I had diagnosed ADHD when I was growing up and if I ever did what OP's kid did, my parents would support the school 100% and wouldn't try to use my disability as a reason to justify my behavior. Disability doesn't mean free reign to behave however I please, even when I was 7.

I write this knowing I'll be flamed, but I've seen too many of these posts recently with parents justifying their child's behavior due to ADHD. You're not doing your child any favors by doing this.

It's not that anyone on this thread is justifying the behavior, it's just an empirical fact that, at this age, ADHD or not, suspensions do not have the desired effect. Not that there should be no consequences, but the consequences should be meaningful to the child so that he or she learns from it.

Sometimes suspensions are what it takes to get the parents to realize that it's actually a problem. In a lot of cases, if it doesn't impact the parent so that they see it's a legitimate concern then there's little hope for the behavior actually changing.

I'm sure this happens, but in my opinion that usually only makes sense of it's parents whose children do not have an IEP and who have refused testing. There may be some parents who have kids with IEPs like this but usually by the time you have the IEP you know your child needs help. And in my experience principals use suspensions at this age because they are lazy and don't want to deal with the kid and are using it as a strategy to get rid of the kid by making life difficult for the parents. I've seen it work where the parents panic or are exhausted and just leave. It's not always good for the kid though.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I had diagnosed ADHD when I was growing up and if I ever did what OP's kid did, my parents would support the school 100% and wouldn't try to use my disability as a reason to justify my behavior. Disability doesn't mean free reign to behave however I please, even when I was 7.

I write this knowing I'll be flamed, but I've seen too many of these posts recently with parents justifying their child's behavior due to ADHD. You're not doing your child any favors by doing this.

It's not that anyone on this thread is justifying the behavior, it's just an empirical fact that, at this age, ADHD or not, suspensions do not have the desired effect. Not that there should be no consequences, but the consequences should be meaningful to the child so that he or she learns from it.

Sometimes suspensions are what it takes to get the parents to realize that it's actually a problem. In a lot of cases, if it doesn't impact the parent so that they see it's a legitimate concern then there's little hope for the behavior actually changing.

So you think its acceptable to give an overly harsh and counterproductive punishment to a child as a way of exacting revenge on parents?

[Anonymous]

Anonymous wrote:^^^ Oh and the principal should be able to document that she followed the proper procedures and how they decided there was an imminent threat. In dealing with bureaucracies: if it isn't documented, it didn't happen.

is that law effective now?

[Anonymous]

Anonymous wrote:

Anonymous wrote:^^^ Oh and the principal should be able to document that she followed the proper procedures and how they decided there was an imminent threat. In dealing with bureaucracies: if it isn't documented, it didn't happen.

is that law effective now?

Yes, it came into effect July 1, 2017.