Expulsion: CAN KIDS WITH DISABILITIES BE EXPELLED FOR BEHAVIOR?

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Martina:  my son is diagnosed with adhd and odd and anger issues, he has also missed a lot of school last year due to suspensions which has him behind academically… he is now in 1st grade and continues to fall behind the other students due to behavior suspensions. When frustration or anxiety kicks in about school work, it triggers his behavior. The teachers are fed up and are not nice at all. she locks him out the classroom and this triggers him as well. instead of just being frustrated about the work, he is now angry and embarrassed. He sees red once the kids are laughing. He is now faced with a 5 day and hearing for expulsion.

i have been doing some research and i read some where that students with disabilities can’t be expelled?? can someone please help me, i was instructed by the principal to just withdraw cause if we proceed and is found to be expelled then he cant return to many schools for a year. today is thursday and i need to get the hearing scheduled or withdraw in the next 2-3 days…. please help… point me in the right direction… what is an advocate and where to find?? does my son qualify for any other assistance??

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Kamryn

My son was suspended for the final two weeks of school. He does have ODD, Anxiety, and Anger issues. He threatened to beat up one of his classmates. Today I received a letter in the mail that he may not come back school this fall. It is a public school but they do not want to deal with him. I requested for a mediation and Manifest Determination Meeting but they were denied. Can the school deny me these meetings? I want to get him back in to his neighborhood school. They already found a new school and i do not want him there as its a behavioral school. I believe that with the right supports he can succeed. Please help!

Chuck

You need assistance from someone who understands your state rules & processes. Every state has a parent training and information project, & a disability rights agency (they have attorneys who take some cases). http://www.parentcenterhub.org/find-your-center

Chelsae

Can a expulsion hearing take place prior to a manifestation meeting? My son has ADHD, Dysthemia and ODD on his IEP. He received 10 days of suspension for trespassing on a school bus on a Sunday that had doors wide open. It was recommended he be expelled- That process took place before the MDR and I was not notified, I just received the results and the school board extended my sons suspension. 12 days later, I received a letter from the court house telling me That the schools police officer filed charges on my son for petty larceny because my son moved the bus drivers phone charger and hand sanitizer to the back of the bus. My son has been suspended out of school 29 days without services this year. I am reading that the expulsion hearing should’ve never taken place. Is this actually true?

Marcus

Chelsae, Once the suspension hit the 10 day mark the school should have had a meeting with you to figure out what is going on. You should have been involved with that meeting. As far as the charges go I am not sure of how you can proceed with that. He should not have trespassed onto that bus and the driver should have closed the doors. Why did your son feel that it was okay to move the drivers things? Maybe that is where the charges came from. Contact your state and parenting training and information center. They should be able to assist you.

https://www.parentcenterhub.org/find-your-center/

Chuck

You need a lot of information and help with your situation. I suggest contacting your state parent training and information center and disability rights project. http://www.parentcenterhub.org/find-your-center

Chuck

If your son has been diagnosed as having a disability & served through special ed, he has rights in regards to discipline & expulsion. If he is not served by special ed, make a request for special ed testing in writing immediately. Make this to the principal & special ed department. I also strongly suggest contacting your state parent training & information project immediately. http://www.parentcenterhub.org/find-your-center/ You can also contact me at cnoe59@hotmail.com if you need help in contacting the center.

Veronica

Martina – Where are you located? Click on your state in this directory to find advocates and other resources. http://www.yellowpagesforkids.com/