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Valerie:  Must an Alternative school comply with students IEP once the student has been sent to the Alternative School by the Tribunal?

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10/05/2017 2:52 pm

Does an SRO officer and principal have the right to question a 12 year old child without notification to parents or their presence?

Ms. C
09/06/2017 3:14 pm

When a student with an IEP is sent to an alternative school, is the administrator of the alternative school able to serve as the ‘district rep’ when the student’s home school rep is unavailable?

09/07/2017 11:21 am
Reply to  Ms. C

Yes, if they meet the criteria for that position – “qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities”; “is knowledgeable about the general education curriculum;” “is knowledgeable about the availability of resources” of the school.

Jill G
01/13/2016 3:27 pm

Valerie – There’s no easy yes or no answer here.

To start with, the tribunal is a general education process that cannot circumvent your child’s rights under federal special education law.

The tribunal has the power to send a child with an IEP to an alternative school in a very limited number of circumstances. These include:
1) your child has been removed from school for less than 11 consecutive school days or less than 11 total school days for similar offenses OR
2) your child has gone through a manifestation determination process, and the behavior is found not to be caused by his/her disability or lack of IEP implementation OR
3) your child has carried a weapon on school grounds, knowingly has/uses/sells a controlled substance on school grounds, or inflicted serious bodily harm on another individual on school grounds

In addition, the discipline applied to your child must be fundamentally the same as that applied to non-disabled students.

Jill G
01/13/2016 3:27 pm

If your child was removed to an alternative school by the tribunal under another circumstance, the school is likely in violation of federal special education law.

Regarding IEP services specifically, there is an obligation to provide them in SOME circumstances.

If your child has been removed to an alternative setting under circumstance 1 above, he/she does NOT have a right to IEP services. If your district routinely provides services or supports to non-disabled students in such circumstances, then your child would have a right to similar services or supports.

If your child has been removed under circumstance 2 or 3 above, or by Team decision after a manifestation determination, your child has a LIMITED right to IEP services. He/she is entitled to services that will enable him/her to participate in the general ed curriculum and to progress toward meeting his/her IEP goals.

Jill G
01/13/2016 3:26 pm

If the change to the alternative school will last for less than 11 school days, the SCHOOL decides exactly what those IEP services your child will receive. If the change is for 11 days or more, it is is considered an “official” change of special education placement and the IEP Team determines what services and supports will be listed in the IEP.

Discipline is clearly a tricky issue. IDEA sets out quite a few rules (starting at §500.530), which I have summarized here. Your state may color these rules even further. I concur with Chuck, and encourage you to connect with your local parent center for further support.