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if a parent agrees to take the child home and no paperwork is filed when the school calls to report a behavior incident.
Another myth busted…
If a request is made for you to remove your child from school while school is in session, it is a suspension. A school MUST track ALL exclusionary discipline regardless of whether formal paperwork is completed when the request is made. It is unfortunately not uncommon for the parent of a child with special needs to receive a call from their school about a behavior incident.
A public school may suspend a child with a 504 Plan or IEP, due to inappropriate or disruptive behavior, for up to 10 days within a school year. After these 10 have been utilized as suspension, any incidences of a similar pattern of behavior need to be assessed for a relation to the child’s disability. This is assessment is conducted within a Manifest Determination meeting.
So, what should you do as a parent if your child is suspended, and you believe the offending behavior is related to their disability? There are 3 key actions you need to consider:
As part of the tracking, recording, and organizing of paperwork that you do as the parent of a child with special needs, make sure you keep track of every instance you are asked to remove your child from school. Keep a record of the date, the reason for, and the duration of, the suspension. You may also want to send an email to the school’s administration indicating this information, to create a written record between you and the school.
Particularly if you child is suspended more than once for what you feel is an incident directly related to their disability, it may be a good idea to request an IEP meeting. As a key member of the IEP team, you can request that the teams discuss the suspensions and the incidents causing them. You can make sure that school administration and the LEA are ensuring the appropriate tracking of the suspensions. And you can voice your opinion that you feel the incidents were directly related to your child’s disability.
If your child misses more than 10 cumulative days of school due to suspension, the school must hold a Manifest Determination meeting. In this meeting it will be decided whether the behaviors for which your child was suspended are directly related to their disability. It will also be determined whether staff are following your Child’s IEP and behavior plan, and if further evaluations must to be conducted to pinpoint your child’s needs. Manifest Determination meetings, their structure, and your rights in the meetings are governed by the Individuals with Disabilities Education Act (IDEA). You can view the actual IDEA Statute here.
Your child’s school is absolutely responsible for tracking and recording ALL exclusionary discipline. Make sure you know your rights and the actions you should take if you feel your child’s school is not following IDEA regulations. If you don’t feel your voice is being heard, give me a call and let’s discuss your situation. I offer a free initial consultation.
Leah Sansone M.Ed. | 919-510-3180
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