SN child with no IEP suspension

[Anonymous]

I am conflicted. A "friend" is a teacher at an elementary school. A 1st grader who she suspects is undiagnosed ASD was upset and hit her, twice. He got a one week suspension. I asked her how he could get a 1 week suspension with an IEP, since IEPs have built in protections for behaviors stemming from the students disability. She said teachers aren't suggesting or advising the child's parents to get an IEP, because then they know they would have to do more work for that student. Plus they are trying to get the student expelled since it wasn't his first incident.

I was aghast at the callousness and lack of professionalism by what she admitted to.

It made me realize our SN kids are sooo dependent on US to help protect them by becoming thei advocates, educating ourselves about their rights, and not blindly trusting schools.

Parents, google Wrights Law and learn everything you can about laws protecting SN kids in schools.

[Anonymous]

Anonymous wrote:I am conflicted. A "friend" is a teacher at an elementary school. A 1st grader who she suspects is undiagnosed ASD was upset and hit her, twice. He got a one week suspension. I asked her how he could get a 1 week suspension with an IEP, since IEPs have built in protections for behaviors stemming from the students disability. She said teachers aren't suggesting or advising the child's parents to get an IEP, because then they know they would have to do more work for that student. Plus they are trying to get the student expelled since it wasn't his first incident.

I was aghast at the callousness and lack of professionalism by what she admitted to.

It made me realize our SN kids are sooo dependent on US to help protect them by becoming thei advocates, educating ourselves about their rights, and not blindly trusting schools.

Parents, google Wrights Law and learn everything you can about laws protecting SN kids in schools.

You are confused. A student with an IEP can be suspended for a week (5 days). It is when the child with an IEP reaches the 10th day of an out of school suspension that a "manifestation determination review" must be held to see if the suspension is due to the child's disability.

[Anonymous]

There may be more to the story like the child has been at the school two years now and others have said something and the parents have refused evaluations. Or, the school refused to do them. Teachers should not be diagnosing ASD. She sound like a crappy teacher.

[Anonymous]

Anonymous wrote:

Anonymous wrote:I am conflicted. A "friend" is a teacher at an elementary school. A 1st grader who she suspects is undiagnosed ASD was upset and hit her, twice. He got a one week suspension. I asked her how he could get a 1 week suspension with an IEP, since IEPs have built in protections for behaviors stemming from the students disability. She said teachers aren't suggesting or advising the child's parents to get an IEP, because then they know they would have to do more work for that student. Plus they are trying to get the student expelled since it wasn't his first incident.

I was aghast at the callousness and lack of professionalism by what she admitted to.

It made me realize our SN kids are sooo dependent on US to help protect them by becoming thei advocates, educating ourselves about their rights, and not blindly trusting schools.

Parents, google Wrights Law and learn everything you can about laws protecting SN kids in schools.

You are confused. A student with an IEP can be suspended for a week (5 days). It is when the child with an IEP reaches the 10th day of an out of school suspension that a "manifestation determination review" must be held to see if the suspension is due to the child's disability.

So this is wrong? This is from http://www.dphilpotlaw.com/html/expulsions_suspensions.html:

"In other words, if the school knew or should have known that your child had a disability, it had an affirmative duty to attempt to perform a psychoeducational evaluation of your child to ascertain if your child has special needs. If the school failed to do this but your child SHOULD have been found eligible for special education and related services but was not, your child is STILL entitled to all the legal protections of a student who had properly been evaluated and found eligible in regard to how the school handles the suspension/expulsion.

This liability can oftentimes be used to make the suspension/expulsion “go away” and become removed from the student’s record.

IMPORTANT: If your school has suspended your child and is threatening to expel him and you believe that your child might have undiagnosed disabilities, you can file for an Article 7 due process hearing before the expulsion hearing and most likely will be able to keep your child in school (unless your child brought weapons or drugs to school and that is the basis for the suspension/expulsion)."

[Anonymous]

OP, no child should hit a teacher. Whether the child has special needs or not. I would be aghast if my special needs child hit a teacher. Special needs is not a "get out of jail free" card. It does not absolve bad behavior. It does not relieve a child of consequences for outrageous behavior. It may explain that behavior, but it does not in any way mean that a child gets to hit a teacher and remain in the classroom. Are you kidding me?

[Anonymous]

Of course hitting is unacceptable. But the OP does have a point that teachers have a responsibility to try to get a child help...especially kids whose parents are NOT aware or able to participate in the system. There are many children stuck with families who are not helping them. What happens when the teachers just suspend, suspend and then expel. This helps no one! Not the child, not the family... Not society. This is just a pitiful and awful situation. And probably far too common. This makes me sad.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:I am conflicted. A "friend" is a teacher at an elementary school. A 1st grader who she suspects is undiagnosed ASD was upset and hit her, twice. He got a one week suspension. I asked her how he could get a 1 week suspension with an IEP, since IEPs have built in protections for behaviors stemming from the students disability. She said teachers aren't suggesting or advising the child's parents to get an IEP, because then they know they would have to do more work for that student. Plus they are trying to get the student expelled since it wasn't his first incident.

I was aghast at the callousness and lack of professionalism by what she admitted to.

It made me realize our SN kids are sooo dependent on US to help protect them by becoming thei advocates, educating ourselves about their rights, and not blindly trusting schools.

Parents, google Wrights Law and learn everything you can about laws protecting SN kids in schools.

You are confused. A student with an IEP can be suspended for a week (5 days). It is when the child with an IEP reaches the 10th day of an out of school suspension that a "manifestation determination review" must be held to see if the suspension is due to the child's disability.

So this is wrong? This is from http://www.dphilpotlaw.com/html/expulsions_suspensions.html:

"In other words, if the school knew or should have known that your child had a disability, it had an affirmative duty to attempt to perform a psychoeducational evaluation of your child to ascertain if your child has special needs. If the school failed to do this but your child SHOULD have been found eligible for special education and related services but was not, your child is STILL entitled to all the legal protections of a student who had properly been evaluated and found eligible in regard to how the school handles the suspension/expulsion.

This liability can oftentimes be used to make the suspension/expulsion “go away” and become removed from the student’s record.

IMPORTANT: If your school has suspended your child and is threatening to expel him and you believe that your child might have undiagnosed disabilities, you can file for an Article 7 due process hearing before the expulsion hearing and most likely will be able to keep your child in school (unless your child brought weapons or drugs to school and that is the basis for the suspension/expulsion)."

A school can do a psychoeducational evaluations without the parents' consent?

I think OP doesn't have enough information here to make a judgment. There is a big difference between a school that has recommended the child be evaluated, the parents refused, and so the school isn't hounding them about it, and a school that believes there are problems and is actively concealing them from the parents to keep the child from being evaluated. We don't know where this situation falls.

[Anonymous]

Unfortunately many schools refuse to evaluate students with obvious disabilities because they don't want to be accountable for educating them pursuant to an IEP. Luckily even if the child does not (yet) have an IEP, he can still be protected from discrimination - and if the parents can show that the school should have known that he was a child with a disability, they can have IDEA protections as well.
Agreed, a child hitting a teacher is not acceptable. But if he is a child with a disability the school should do a FBA/BIP. Suspending and or expelling the child does nothing to teach proper behavior.

[Anonymous]

I think OP and everyone here knows enough to know this is a crappy teacher and a crappy school. Suspending a 1st grader who is thought to be special needs and trying to get him/her expelled is not only cruel, it's illegal. Even if he does not have an IEP, he is clearly suspected of having a disability which would allow him protections under IDEA. Everyone knows that expelling or suspending a child that young only hurts the child and for what? Because they don't want to do more work? What kind of human being thinks like this much less one that is a teacher?

What school district OP? You should tell the parents what you heard and let them sue the hell out of that school.

Anonymous wrote:Unfortunately many schools refuse to evaluate students with obvious disabilities because they don't want to be accountable for educating them pursuant to an IEP. Luckily even if the child does not (yet) have an IEP, he can still be protected from discrimination - and if the parents can show that the school should have known that he was a child with a disability, they can have IDEA protections as well.
Agreed, a child hitting a teacher is not acceptable. But if he is a child with a disability the school should do a FBA/BIP. Suspending and or expelling the child does nothing to teach proper behavior.

[Anonymous]

thank you for posting, OP. that teacher sounds like some we know or maybe she really is someone we know. she really needs to choose another career.

[Anonymous]

Anonymous wrote:I think OP and everyone here knows enough to know this is a crappy teacher and a crappy school. Suspending a 1st grader who is thought to be special needs and trying to get him/her expelled is not only cruel, it's illegal. Even if he does not have an IEP, he is clearly suspected of having a disability which would allow him protections under IDEA. Everyone knows that expelling or suspending a child that young only hurts the child and for what? Because they don't want to do more work? What kind of human being thinks like this much less one that is a teacher?

What school district OP? You should tell the parents what you heard and let them sue the hell out of that school.

Anonymous wrote:Unfortunately many schools refuse to evaluate students with obvious disabilities because they don't want to be accountable for educating them pursuant to an IEP. Luckily even if the child does not (yet) have an IEP, he can still be protected from discrimination - and if the parents can show that the school should have known that he was a child with a disability, they can have IDEA protections as well.
Agreed, a child hitting a teacher is not acceptable. But if he is a child with a disability the school should do a FBA/BIP. Suspending and or expelling the child does nothing to teach proper behavior.

It's in Herndon. I have no idea who the parents are.

[Anonymous]

Anonymous wrote:OP, no child should hit a teacher. Whether the child has special needs or not. I would be aghast if my special needs child hit a teacher. Special needs is not a "get out of jail free" card. It does not absolve bad behavior. It does not relieve a child of consequences for outrageous behavior. It may explain that behavior, but it does not in any way mean that a child gets to hit a teacher and remain in the classroom. Are you kidding me?

What does a week long suspension on a 1st graders record DO for him? Does it help him to recognize he's misbehaved and needs to correct himself? No. What is the purpose of this? For a special needs child who doesn't understand or is having a hard time controlling his behavior, a week long suspension is not the answer.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP, no child should hit a teacher. Whether the child has special needs or not. I would be aghast if my special needs child hit a teacher. Special needs is not a "get out of jail free" card. It does not absolve bad behavior. It does not relieve a child of consequences for outrageous behavior. It may explain that behavior, but it does not in any way mean that a child gets to hit a teacher and remain in the classroom. Are you kidding me?

What does a week long suspension on a 1st graders record DO for him? Does it help him to recognize he's misbehaved and needs to correct himself? No. What is the purpose of this? For a special needs child who doesn't understand or is having a hard time controlling his behavior, a week long suspension is not the answer.

It's really putting the cart before the horse to say that a suspension won't do anything to correct the behavior. A consequence is demanded when a child hits a teacher. Even if the disciplinary suspension or other action fails to correct the behavior long-term, we still apply a consequence. Do you fail to discipline your children because a single act of discipline won't remediate everything forever? Of course not. Suspension is clearly used when a child hits or attacks in school. It's demanded. And as I understand the situation, this is not a special needs child. Secondly, posters are calling for the firing of the teacher in lieu of suspension of the child. Really? You get slapped in your workplace and instead of being protected, you get fired? Look, suspension may not "do" anything to correct the behavior, but this is obviously not the classroom for this child. A transfer to a different school; a behavioral placement; an IEP, fine. But blaming and firing the teacher? C'mon. And serious immediate discipline for the kid.

[Anonymous]

You sound pretty crazy PP. Or maybe you're that teacher or one of the other teachers like this around our area?
How is this not a SN child? Just because the teacher is lazy and doesn't want to do more "work"?
No one is saying there shouldn't be a consequence. They are saying this is the wrong consequence.

[Anonymous]

Also your post doesn't make a lot of sense. You're saying this not an SN child so how would she get an IEP or a behavioral placement? That's for special needs kids.
But the OP said the teacher does not want the kid to get an IEP. The teacher wants the kid, who is probably 7, expelled.