Reply to SN child with no IEP suspension

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[quote=Anonymous][quote=Anonymous][quote=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.[b] 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. [/b]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.[/quote]

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. [/quote]

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)."
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