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Paulette: have a nephew that has autism and behaviors, school in fla. school keeps calling to have him picked up after a hour or two. says they can not handle him even with one on one. what are choices for this child? they are not working with the dad to even try to get a better learning situation.

  1. Please help! My son has Autism and Behaviors. Son has BIP in place but the teacher did not follow it. She decided it was too much work for her. My son has a hard year and kept getting written up, detentions, and suspensions. His grades were not good because teacher failed him on his assignments. I just got a letter in the mail saying that he may not come back to school this fall. Apparently they met the whole IEP team and decided on a new placement. I was not involved with this meeting at all. What recourse do I have? HELP!

    • OMG….so many violations here I hardly know where to start…a refusal of teacher to implement his BIP (I’m assuming that this is documented somewhere)….a letter saying that he may not come back to school??? Did they tell you what they planned to do with him instead, because they cannot simply refuse to educate him under the IDEA….and perhaps worst of all, a meeting takes place resulting in a new placement WITHOUT YOUR PARTICIPATION??

      They have deprived you of your participatory rights in the development of this IEP, and if I understand case law correctly, this renders the IEP null and void. I would at the very least write up a State Complaint and send to your state’s Compliance department of the Division for Exceptional Children and ask them to investigate and take corrective action with the school.

  2. It sounds like the school needs to consider putting him in private school where they can work on his behaviors so he can learn.

  3. Ask for an independent evaluation at public expense, if the district’s is insufficient. Pay for a private evaluation that includes an observation, if possible. Meet after the reevaluation/independent evaluation, and keep asking to meet until things improve.

    Definitely connect with the local parent center for guidance and support. Consider hiring an advocate if the school is not amendable to changing. Consider pushing for an outside placement.

    Consider using other options for resolving this. A state complaint can help if removal continues. Facilitated IEP meetings (if you have access to that) or mediation can help if the relationship between parent and school is strained. A due process hearing should be a last resort.

  4. This is a tough situation, but you brother (?) has options.

    First, some IDEA “groundwork.”

    The Team must meet to review the IEP whenever a student is not making progress. The Team also must consider behavior when developing the IEP.

    Reevaluation must occur at least every 3 years, but can happen sooner if warranted. Parents have a right to publicly-funded independent evaluations when they disagree with the school’s, and privately-funded ones at any time. The Team must consider the results.

    An eligible student cannot be removed from their placement for behavioral reasons for more than 10 days without a hearing. This may be 10 consecutive days or 10 days total if there is a pattern, and “day” means at least half the school day.

  5. Parents have several options under IDEA for resolving disputes with the school – mediation, state complaints, and due process hearings. Additional options may also be available where you live.

    So… I would suggest that dad ask for a Team meeting to review the IEP and placement. Consider asking someone higher up in the district to attend (like the special education director). At the meeting, state that it’s not acceptable for the child to be continually sent home. Ask what they plan to do to effectively deal with his behavior.

    Consider asking for a reevaluation. This should include – at the very least – a functional behavioral assessment, and a review of the appropriateness of the current placement.

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