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Has anyone ever appealed a suspension for behavior that is related to a disability?
Our little one had an incident at school where she acted out and was sent home. One of the admins mentioned that she might be suspended. I am worried- she has done this before in kindergarten and we met as an IEP team to plan how to manage and got a BIP in place. So I am confused about what I should do now. Would I get some sort of official notice if she is suspended? Would that happen over spring break? Or would we get that when we get back. Is there anhearing process? She is just a 1st grader and I am so worried about this going on her permanent record somehow. |
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Being sent home=suspended.
Otherwise, if they call and tell you to come pick up your child, your response should be"is she being suspended." If they say no, then ask them why they are unable to provide a FAPE to your child that day, and perhaps they should start keeping records of how many days they are unable to provide FAPE. Otherwise every time your child acts out they will call you to pick her up- the protections in IDEA are there for a reason. Use them. |
| If MCPS, you will get a letter outlining the suspension and what you can do to appeal. |
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Maybe call and IEP meeting to discuss what they mean by all of this. For my son, a suspension would do no good. He would be upset about the change in schedule and not be able to relate it back to the behavior. They need to work the BIP.
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fCPS suspended my child ten times in K and he had an IEP in place.
Surprise surprise he then linked "behaviors" with "then I get to stay home" in his mind. It took years to fix that. So tired of unprofessional and ignorant behavior from school admin. |
This is excellent advice. IDEA requires a manifest determination hearing after 10 days suspension (cumulative, that don't have to be consecutive). But you can ask for an IEP meeting at any time and figure out what changes to the BIP are needed. |
This is one of the most horrible things I've ever heard. I'm sorry this happened to your DC, PP. Lazy school administration. |
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Sending a child home allows the school to unofficially suspend your child w/o having to mark this down as a suspension. That's good for them. They don't have to deal with your child for the day and they don't have to deal with FAPE rules, documenting this as a suspension etc. I wouldn't put up with this.
They are also doing this in place of putting real supports in place to help your child. If your child is not being suspended, then you do not have to pick up your child. I would say: "Is my child being suspended? If not, my child is entitled to a Free Appropriate Public Education and should not be removed from her educational setting. I am willing to schedule a time to come in and speak with you about additional supports or starting a Functional Behavioral Analysis and a Behavior Intervention Plan. When can we have that conversation?" |
Some FCPS admins feel like they have 10 "free" suspension days for SN kids. |
| Maybe the teachers are trying to balance the needs of one child with the needs of the entire classroom. My son has been sent home twice. It sucks, but I totally understand. My kid's needs do not trump the needs of the rest of his class. |
I hear what you are saying but that's a slippery slope though, isn't it? |
It is the school's job to figure out how to meet everyone's needs. If they have exhausted every option and can only manage your child by sending him home, then they should pay for a more appropriate setting for him. |