TO BE EXPELLED - ALTERNATIVES???

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MY SON 'R' IS 13 ASD AND DYSPRAXIC
HE HAS BEEN IN MAIN STEAM SCHOOL, BUT IS PRONE TO BOUTS OF ANXIETY WHEREBY HE SHUTS DOWN AND IS UNCOOPERATIVE IF PHYSICALLY APPROACHED IN THIS STATE HE CAN BECOME VIOLENT.
LAST WEEK HE SHUT DOWN AND A TEACHER GRABBED HIS ARM AND HE LASHED OUT. THE SCHOOL ARE NOW LOOKING TO EXPELL HIM. THIS IS THE 3RD INCIDENT AND IN ALL 3 CASES THE TEACHERS INVOLVED HAVE ALL FAILED TO ACT APPROPRIATELY BY NOT FOLLOWING THEIR OWN POLICY AND GUIDANCE ON PHYSICAL INTERVENTION (THIS IS ANOTHER BATTLE I FEEL I NEED TO ADDRESS TOO).
HE IS HIGH FUNCTIONING AND ACHIEVING WAY ABOVE HIS PEERS IN MATHS & SCIENCE.
THE SCHOOL WANT US TO SIGN HIM OVER TO A UNIT, WHICH BY THEIR OWN ADMISSIONS HAVE NEVER DEALT WITH A CHILD LIKE 'R' AND THEY CURRENLTY WORK WITH CHILDREN WORKING AT KEY STAGE 3. 'R' IS CURRENTLY WORKING AT KEY STAGE 4 AND THEY DO NOT HAVE PROVISION TO DEAL WITH HIM AT PRESENT. CONSEQUENTLY, THERE IS A HIGH RISK THAT HE WILL LEAVE THE EDUCATION SYSTEM WITHOUT ANY QUALIFICATIONS DESPITE HIS ABILITY.
THE RESPONSE FROM THE UNIT THEY WANT TO SEND HIM TO IS HE CAN GO BACK TO EDUCATION AT A LATER DATE TO ACHIEVE QUALIFICATIONS. AS HIS PARENT THIS SIMPLY IS NOT A GOOD ENOUGH ANSWER AND I AM GOING TO REFUSE TO SIGN HIM OVER.
WE HAVE REQUESTED REPEATEDLY SINCE HE HAS BEEN AT SCHOOL FOR HIM TO BE STATEMENTED HOWEVER, THIS HAS NEVER BEEN ACTIONED BECAUSE OF HIS HIGH ACHIEVEMENTS IN THE AFORE MENTIONED SUBJECTS. THE UNIT HAS SAID THEY WILL ATTEMPT TO OBTAIN A STATEMENT, BUT WITHOUT THE EXTRA FUNDING THEY WILL NOT BE ABLE TO MEET HIS NEEDS.
CAN ANYONE HELP ME - I NEED TO RESEARCH ALTERNATIVE EDUCATION THAT WILL BETTER SERVE 'R's NEEDS (AS OBVIOUSLY THE SCHOOL JUST WANT SHOT OF HIM AND REALLY DON'T CARE). OR CAN SOMEONE POINT ME IN THE DIRECTION OF WHO I NEED TO BE SHOUTING AT TO ENSURE MY SONS NEEDS ARE MEET?
PLEASE PLEASE PLEASE HELP - I HAVE CRIED MY TEARS (ALTHOUGH I AM SURE THERE WILL BE MORE) BUT I NEED TO GET INTO BATTLE MODE AGAIN NOW AND NEED SOME HELP.
CAN ANYONE HELP I REALLY COULD DO WITH SOME SUPPORT FROM PEOPLE WHO UNDERSTAND THE ANGUISH I AM GOING THROUGH.
I HAVE BEEN FIGHTING FOR 'R' ALL HIS LIFE AND I AM SIMPLY NOT PREPARED TO JUST ROLE OVER NOW.

What did the school say when you told them that the teachers did not follow their policy on physical intervention?

By the way, could you not post in all caps? Thanks.

The caps made it hard to read and comprehend your post, but as far as I can tell you're SOL unless you go to another county, or appeal the suspension on the grounds that he is a good test score and that they weren't accomidating autism. It's a long shot considering that violent actions on school grounds are usually instant expulsion material, especially when directed at a teacher, but it's the best hope you have if you're staying in county.

Hi
Sorry about the caps - my shift key was stuck
I have a meeting with the school on Friday. Hubby has suggested that I do not show my hand till then about the teacher not following the intervention policy. I have contacted the Parent Partnership to ask them about making an official complaint on all 3 incidents, but as yet they have not come back to me.
The school have tried to make provisions for 'R' but because the teacher he hit did not read the news letter detailing 'R's difficulties she did not know not to handle him in the way she did, even though she still did not follow their policy.
I really believe the school are going to expell him as they have a new head and she is obviously flexing her muscles and making an example of 'R'.
My worry is now where do I find the best education solution for him?

Kest: Make sure that you have adequate documentation of these incidents and sue the school without mercy. They have displayed a pattern of indifference to the student and the law. Also, in this case it is probably a good idea to charge the teacher with battery.

Don't let them make you feel helpless and don't let them off with a warning. It is safe to assume that they will give you the run-around. They already have. The teacher assaulted the child, as you said, against the rules, so you know that they will deliberately commit an assault and blame the student. So there is no reason to accept anything less than what you already know that you are entitled to. Do not allow them to persuade you differently. Do get other parents involved in this. When you have students with special needs, you need to continually demand that those needs be met and not wait until something bad happens to respond. Harp on the fact that the teacher was not doing his job correcly and deliberately provoked your son.

It's amazing how teachers will not tolerate physical attacks, yet they have no qualms about inflicting physical attacks on their student. I'd "lash out" too if a teacher grabbed my arm. That's pratically assault.

If you are in the U.S. -

If he does have an IEP than have you contacted the Special education director for the school district or contacted the ISD? If they can not provide adequate support for him in the classroom (until an IEP can be reconviened to revise services) then they should provide a homebound education program for him. Also, request a BIP (behavior intervention plan) and make sure it is STAPLED to the IEP or else they will have room to disregard it.

What the school is doing is really out of their playbook by not providing adequate support in the classroom because they want your son moved to a segregated classroom. It is really quite simple -
no classroom support - student lashed out - lashing out is "proof" kid needs to be moved to special classroom

So it is really a way of circumventing LRE (least restrictive environment) and also please remember that YOU are an EQUAL member of the IEP team - so your objections and recommendations need to be considered. Try not to attend the meeting alone and see if they object to having the meeting recording. Sometimes that alone will make everyone mind their p's and q's. And you do NOT have to sign the IEP if you disagree with it or at the end of the meeting if you want to review it first - I think it is like 2 weeks.

Also - if he is very intelligent and the school environment itself seems to be the issue you may want to look into homeschooling. However, your state may not allow you to withdraw your son to homeschool during a suspension as a way to avoid the suspension - sounds stupid because they are kicking him out of school but some areas are like that.

If you are in the U.S. -

If he does have an IEP than have you contacted the Special education director for the school district or contacted the ISD? If they can not provide adequate support for him in the classroom (until an IEP can be reconviened to revise services) then they should provide a homebound education program for him. Also, request a BIP (behavior intervention plan) and make sure it is STAPLED to the IEP or else they will have room to disregard it.

What the school is doing is really out of their playbook by not providing adequate support in the classroom because they want your son moved to a segregated classroom. It is really quite simple -
no classroom support - student lashed out - lashing out is "proof" kid needs to be moved to special classroom

So it is really a way of circumventing LRE (least restrictive environment) and also please remember that YOU are an EQUAL member of the IEP team - so your objections and recommendations need to be considered. Try not to attend the meeting alone and see if they object to having the meeting recording. Sometimes that alone will make everyone mind their p's and q's. And you do NOT have to sign the IEP if you disagree with it or at the end of the meeting if you want to review it first - I think it is like 2 weeks.

Also - if he is very intelligent and the school environment itself seems to be the issue you may want to look into homeschooling. However, your state may not allow you to withdraw your son to homeschool during a suspension as a way to avoid the suspension - sounds stupid because they are kicking him out of school but some areas are like that.

Hi!

I thought you were angry, but if your shift key was stuck, I'll forgive you.

I'm sorry to hear your bad news. I hope things improve with you soon.

I would look it up, but in such a case it may very well legally be assault. The teacher should be charged because this is an offense against a child and at best she isn't paying attention to her job. "I wasn't paying attention" isn't allowed as an excuse for the student so it shouldn't be allowed for the teacher who should be held to a higher standard. The head of the school should also be held to higher standards. Be worried when any such people ask that they be excused for unprofessional behavior of a kind that they don't allow from a 10 year old.

Thanks folks,
he does have an IEP and the school have an information leaflet on 'R' which was distributed to all teachers along with a copy in the staff room and reception. This details 'R's difficulties and states that under no uncertain terms is physical restaint to be used and gives details of 4 members of staff who are to be called to any situation with 'R'. However the teacher involved in the latest incident claims to have known nothing about 'R'.
In all 3 of the instances the school policy and guidance on physical intervention has been ignored.
In the first instance a teacher shouted in his ear at close range and he turned and punched him - 'R' was made to apologize to be allowed back in school and I later heard from 3 students who witnessed the incident exactly what had happened. As the matter had been dealt with and 'R' was back in school I let it go.
The second incident happened in a stairwell, students were asked to remove themselves from the area in an authorative manner and 'R' shut down. The teacher then physically yanked him from the railings on the stairwell and he lashed out. A TA witnessed the situation and claimed the teacher used reasonable force. According to the policy they should not have been using any force at all unless the student was in immediate danger. To my mind he actually put 'R' in more danger by his actions rather than preventing any. I was prepared to take the matter further, but I allowed myself to be talked down from this action by the school SENCO because they allowed 'R' back to school.
By the SENCO's admission earlier this week in the first 2 instances the teachers acted inappropriately.
In the 3rd incident the teacher is claiming that she only took his crisps off him and there are no witnesses to events that took place. So in effect it is 'R's word against hers.
I hope that I will be able to show a pattern of behaviour that will somehow prove the teacher in the 3rd incident has acted inappropriately and fight the expulsion. It is a long shot but I am prepared to take it.
I will be contacting SENDIST and making a claim that the exclusion relates to 'R's disability. I will also appeal through the governing body.
In addition to this I will be going to see my local MP at his surgery on Friday after the meeting with the school.
I need to find out about making an offical complaint on all 3 counts which have caused 'R's violent outbursts. As I said previously they have failed to follow the policy guidelines and hope that this will be enough to make them back down on the exclusion.
Anyone caught in the firing line, well that will just be tough.
Thanks for your comments and if you have anymore suggestions I would love to hear them.

Kest, when you mention the school talking you out of taking action in the stairwell incident, they used doing the right thing as a trading horse. They set you up so that you had to give them something in order for them to stop resisting doing what they were supposed to be doing without demanding anything from you. It's one of the tricks that they pull to increase the tolerance of their misconduct.

You're welcome!

Hi,

I was in the same position as "R" around this time last year. I was repeatedly excluded from school due to other pupils/teachers fault. It then resulted in them trying to perminently exclude me from school after an incident with one teacher and student at school. This has never been resolved and it was the schools fault this incident occured. During KS3 i scored the highest marks in the year for Maths & Science so i had the ability to work. I then agreed with my mum to be removed from school and since then life has just got better. I now study at home through Oxford Open Learning and it is a great way to study. I am taking five GCSE's plus a computer course. I think it is a great way to study for people with HFA. I am currently in the process of visitng another mainstreem school in the area to gain two more GCSE's in ASDAN.

I hope this helps and if you require any more information please send me a PM.

MattW

Kest,
I'm dealing with the same problem. Untrained people (by their own admission) who aren't fulfilling the IEP and then blaming my son for his "behaviors". After the first time we were asked to pick him up after hitting, we told them "we won't pick him up as a discipline issue". The problem with dealing with it as if he is an NT, is that's how they get to use the expulsion threat without complying with the law.
We have filed an official complaint with the district and are awaiting results from a BIP (behavior Intervention Plan)
Frankly, I don't see how your son can be held accountable when it was the staff that broke the rules. Ignorance doesn't justify anything.
We also found out that they were trying to get my son transferred to another school before the IEP was formalized/finished.
Most likely, we will pull our son out of school anyways, but not before taking down the school first.

This is really where you need to have the BIP physically attached to the IEP - literally stapled - or else there is room to claim as the teacher did that she was unaware.