504/IEP Separating Students

[Anonymous]

Son was assaulted by another student and is now having sensory and regulation issues anytime he sees the other kid. Has anyone successfully had 504/IEP modified a 504/iep to get separation between two students? Specifically FCPS.

[Anonymous]

This seems to fall more under bullying procedures that IEP/504 procedures. That might be a better way to approach it.

[Anonymous]

Yes, I've written safety plans to separate students under those circumstances.

-Special ed lawyer

[Anonymous]

Anonymous wrote:This seems to fall more under bullying procedures that IEP/504 procedures. That might be a better way to approach it.

The student who assaulted also has a 504/IEP so it is not considered bullying and discipline procedures cannot address my son’s inability to access his education due to symptoms stemming from assault sadly.

[Anonymous]

I think it’s fine to request it for next year, but are you looking for a change this year?

[Anonymous]

Anonymous wrote:

Anonymous wrote:This seems to fall more under bullying procedures that IEP/504 procedures. That might be a better way to approach it.

The student who assaulted also has a 504/IEP so it is not considered bullying and discipline procedures cannot address my son’s inability to access his education due to symptoms stemming from assault sadly.

Did you use the school's formal bullying reporting procedures?

Unfortunately, special ed programing addressed the impact of a disability - not the impact of peer assault. Unless a typically developing child would be able to cope with proximity to the other student? That could make it related.

[Anonymous]

Anonymous wrote:

Anonymous wrote:This seems to fall more under bullying procedures that IEP/504 procedures. That might be a better way to approach it.

The student who assaulted also has a 504/IEP so it is not considered bullying and discipline procedures cannot address my son’s inability to access his education due to symptoms stemming from assault sadly.

You can have a safety plan unrelated to any discipline actions. It's more complicated if you and the other student are both in a self contained classroom, but it's still worth a conversation.

[Anonymous]

You cannot specify another child by name as a part of 504/IEP accommodations, but can as a response to bullying. I think you should focus on that angle to get the best results.

[Anonymous]

Anonymous wrote:You cannot specify another child by name as a part of 504/IEP accommodations, but can as a response to bullying. I think you should focus on that angle to get the best results.

You may not be able to specify a child by name in another child's IEP or 504 (because that would violate the privacy rights of the child, who has rights even if he/she is a perpetrator), but you can certainly have a point in a plan that details how the school will manage symptoms or issues that a child with an IEP has arising out of a traumatic event because those symptoms are part of a diagnosis, presumably - PTSD - that must be managed. Part of the management can detail how the school will keep the victim separate from the perpetrator so as to minimize "re-traumatization" and triggering of trauma response.

[megshahmvsed]

I’m sorry your son is going through that — that’s really hard.

In FCPS, situations like this often fall under the Fairfax County Public Schools Bullying Prevention Policy or sometimes Title IX, depending on what happened. When a report is made and an investigation starts, schools typically interview students and staff and take steps to separate the students while things are being looked into.

You can also request a 504 or IEP meeting to discuss supports your son may need right now, including separation or schedule changes if seeing the other student is triggering regulation challenges.

It can help to put the request for separation in writing so there’s a clear record.

I work with families navigating situations like this. If it would help to talk it through, feel free to reach out. Happy to help.

[Anonymous]

You should contact a special ed lawyer. Don’t hire an “advocate,” especially one trolling for clients on DCUM. They don’t know the law but they think they do and can give some really bad advice.