Leigh: My son has diagnosis of PTSD, RAD, schizophrenia. Due to behavior issues a plan was agreed to that he would be searched and wanded each morning and never allowed to be alone with another student. One day the teacher was absent and so the protocol was not followed. He was sent off to walk to another part of school with a student the school knows he doesn’t get along with. There was a dispute, my son pulled out a Swiss Army knife and jabbed at him not making contact. He is now locked up. Is the school at fault?
Is the plan you are referring to in writing and part of the IEP? We had a behavior plan added to the IEP (officially added as part of the IEP). At that point the items agreed upon on the behavior plan need to be followed by everyone no matter if a teacher is absent or not. I have had incidences when a teacher is absent that my son did not get school for the day yet other students get a substitute teacher. If your plan is part of the IEP the school is to blame for not following it.
The school did not follow the plan that was developed, so this is a violation of their responsibilities. However, the legal system may not take this into consideration, but you should make them aware of his disability & of the plan that was not followed.