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Jessica:  I have a question for you. Benjamin has been doing amazing at his new school. Today was a first day where he had a melt down, a serious one. After taking his batman mask to school he wanted to wear it at times. So I allowed it while telling him he had to keep it off till he got home. He was told no and to put the mask away. He put it on a couple of time at school. The teacher had enough and took the mask away. Ben went into major melt down mode because taking something from him triggers it. They restrained him many times on and off. Then his dad was called. His dad went to the school. The asst principal gave him 1 day of OSS.

Can they kick him out if a melt down is due to his disability? State is Virginia and the iep team took his BIP away

  1. Jessica –

    The school can remove your child for up to 10 days if he violates school rules. Once that 10th day is reached, your child has significant protections that kick in (assuming he has an IEP).

    Before that 10 day limit is reached, though, the school can and should try to address behavioral issues. If the BIP isn’t working, the school should create a new one.

    I encourage you to ask for a Team meeting to address the behavioral issues and the discipline that results from them.

    I also encourage you to connect with your local parent center (www.parentcenterhub.org/find-your-center/). They can help you understand your/your son’s rights, and discuss other steps you may want to take.

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