Suspensions: CAN’T RETURN TO SCHOOL, GETS 1 1/2 HR HELP AT LIBRARY

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Melissa:  My son is 14 yrs old and got suspended from school two weeks ago for something that was “hear say”. Another student told a girl something that my son had said. She told her parents, who told the principal. The principal called me and had me pick up my son from school. We just had an IEP meeting and my son gets help from the school at the library for 1 1/2 hrs a day, but he is still suspended. I live 16 miles out of town. They recommend treatment for him like inpatient, before or if he can come back to the school. I dont know what to do. When everything was supposed to be confidential. they wrote the whole story detailed  in his IEP when it was not supposed to leave the principal’s office. We were told those people didn’t not know what had happened with all the hear say. The the superintendent said he spoke to the girl student, believed her story and said “that student doesn’t lie.” Can you point me to the direction i need to go? i think i am getting wrong stuff here.

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Sophie

Regarding the records — you can write and asked that that portion of the minutes be expunged (removed).

Do you want it removed because you feel embarrassed, or indignant? I used to feel this way. But now I tend to see those records as proof of my son’s disability, which in the long term, will give him some added protection if he ever gets in serious trouble. (He has Tourette Syndrome.)

I agree with Wrightslaw that it could be helpful to get a special ed law consult. However, you may want to try working with your son’s primary care medical provider. This is sometimes a helpful tactic in general, and in particular, in this case, since the school is asking for treatment, this is something the doctor can definitely weigh in on.

Wrightslaw

Melissa, Not sure if I have facts straight. Your son was suspended 2 weeks ago. He gets 1.5 hrs/day of special ed help at the library.

Your son should not be removed from school until there is a hearing to determine if his behavior was caused by his disability. This is often called a “Manifestation Determination” hearing. You say the school won’t allow him to return until he gets inpatient treatment but he isn’t getting inpatient treatment. In some places, there is no inpatient treatment.

You don’t seem to know when he can return to school. The school cannot suspend your child indefinitely unless his offense involved drugs or guns.

You need expert help. Call an attorney who deals with special education matters or a special education legal clinic in your area. You should also contact your Parent Information Center, ask to speak with a staff member or counselor for advice. Find your Parent Center here: http://www.parentcenterhub.org/find-your-center/