TO BE EXPELLED - ALTERNATIVES???

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As far as I know there is no BIP - nothing has ever been mentioned or implemented to my knowledge.
Is this another failure on their part that I can take to my meeting on Friday do you think?

Home school him

the school systems are run by crazy people.

I don't know if you can say not already having a BIP is a failure on their part, but taking the action they are trying to take without acknowledging the IEP's meaning is a failure.
In our case, my son came to Arizona with a diagnosis, description of behavior issues, IEP and examples of his Behavior Plan from his last school. But the current school wouldn't incorporate that into his current program. So, he know has to have another one-but the catch is that the team is also looking at compliance issues.
Our school is kind of in a no-win situation. They refuse to hire anyone trained in autism and at the same time are trying to say that they are in compliance with his IEP. They can't be.

Thanks for the info - no mention of BIP in IEP which we received last week!
Comparing it to the previous IEP from July of 2005 it appears to be a straight copy with no further input despite actions taken by pastral support (ie info leaflet).

With no BIP, that means that before they can expell him, they have to assess whether his actions were related to his disability and come up with a BIP. You can request this in writing. When you make the request, make sure that you include that you intend to exercise the "stay-put" option under IDEA. That means that the original placement and structure of the current IEP is in effect until the BIP work is done.

The schools are limited as to when they can remove a child from placement because of behaviors related to a disability. Honig v. Doe (SCOUTS 1986) ruled that there are only 3 circumstances:

1) The student brings illegal drugs into the school
2) The student brings in a lethal weapon (such as a gun into the school)
3) The student is a danger to himself or others

In the 3rd case, even if they remove the child, they are limited to 45 days (or state law, whichever is better to the child) to come up with a plan to return the child to their LRE.

Amazing. They actually use their own negligence as an excuse.

BTW, Kest, I PMed you twice but the message is still sitting in my outbox, so I don't know if you received my reply.


Yeah, obviously, schools are getting away with this crap if they are that confident to admit ignorance and have it be okay.

Okay, not sure if my presence will be of any use (a 16 year old is seldom helpful in this kind of situation), but I'd be interested to know about what the teachers knew at the time of the incidents and their take on it all. From what you're saying, it looks as if they already knew, and it's almost as if they WANT 'R' expelled. Considering that if that's what they want (if it turns out to be true), then they're just idiots and it'll probably be best to pull him out yourself. Other than that, fight for 'R's position for all it's worth.

If 'R' does get let back, make SURE that EVERY teacher knows about the rules that 'R' requires, and that they can actually tell when 'R' goes into shutdown, if possible. When you do so, keep ALL evidence, such as e-mails, letters, and even the notices given out by the school if possible (they could've been vague on the situation) and include with them dates and such, so that if this happens again (and judging from what's going on over there, it's a likely possibility), you can sue their asses for it. Be as careful and pay as much attention to detail as you can, almost like a criminal.

Because of 'R's high marks, it shows he obviously does care about school-work and is not a bad person, and if the school, or at least those who run it, can't see that, you may as well put him into another school or do home-teaching.

I want to second the home schooling suggestion, provieded you have the time /resources-
and I know a lot of people don't.

My other suggestion is SUE THE BASTARDS !

If I can add something:
What staff often fail to notice is that suspension/expulsion isn't really much of a punishment to a student, neurotypical or otherwise.


Because

.If neurotypicial, then it's just a holiday.
.If not, then it's a relief from having to endure their ****



Kick up a stink, if you have the time and resources, BE READY to homeschool 'R'

That's a big problem, too. My son is generally obsessed with being around people, it's one of his interests. In kindergarten, a "punishment" was to pull him out of class-a maximum of 10 minutes, which was very rare. He was so passionate about being in class with his friends that he would behave. That punishment was for tantrums and hurting-not breaking other rules.
At this school, they pull him out of class for breaking regular rules, they provoke him to tantrums and then leave him in the special ed room because he can't bring his temper down. Now, he hates school, likes to be pulled out and asks to stay at home or "move back" to California.
So, isolation from peers is completely lost on him and is no longer a viable teaching tool.

You have to be able to jump through many hoops to get to the point where you can sue a school district in Federal court and even they, you are not guarenteed sucess. The court decision books are full of cases where the parents were denied money.

Even the short circuit procedure requires the parent to jump through some hoops. In one case I know, it was used after the parent requested a due process hearing, the school district decided to ignore the request, and the state did nothing to enforce the law. In fact, that particular district decided to ignore a federal court order too so ....