Behavior Plan: HOW LONG DOES SCHOOL HAVE TO PREPARE BIP

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My son is 13 years old with an autism diagnosis. He also has a rare genetic disorder called ADNP Syndrome. We had an FBA at the end the last school year, and another FBA several months ago. The IEP team told us our son’s BIP would be ready in two weeks. We’ve never heard back from the school. My son continues to struggle at school. What we’ve asked for is a dedicated para. He had one K-5, but when he transitioned to middle school the para was taken away. The FBA clearly shows that he gets off task, out of seat, and disruptive when the teacher leaves his side. His behaviors (pinching, pulling hair, some pushing) are disruptive to other students. He is in a self contained class room. He is completely nonverbal. ANDP is a serious condition. The school system can’t seem to understand that my son is genetically just different.

I have been practicing law for 20 years, and I am struggling to find the statutory section of IDEA that addresses how long the school has to prepare the BIP. I am working on a formal complaint with the state, but have been told that I have to specifically allege how the district violated IDEA. Any help, including a citation to the appropriate provision of IDEA, would be really appreciated.

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IDEA rules do not address a timeline, but your state rules may. The main way the district has violated IDEA is by not providing FAPE. Your state parent training, & information project can assist you. http://www.parentcenterhub.org/find-your-center They can tell you how to contact your state disability rights organization that has attorneys who could assist you in writing your complaint.

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