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Danielle:  I have a first grade child that spends some time everyday in the office due to his behavior. In kindergarten I asked for an evaluation, but for some reason it took two years and hiring an advocate (trained by you) to get them to agree to test him. He has an outside diagnosis of ADHD hyperactive, and is very bright.

Is sending out my son to the office considered in school suspension? If so, do I count the number of minutes of loss educational instruction as minutes of suspension? This year alone he has been out side the class everyday for 20 minutes, and sometimes twice a day. That is 40 hours out of class. California Ed Code states that 20 days a year equates to an expulsion hearing.

Does removal from class count as a suspension, change of placement, or simply their form of behavior modification? What rights do i have while i am waiting for them to do the assessment?

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The parent training & information center serving your part of the state can also assist you.

Danielle, The answers to your questions will be governed by California special ed law and regulations.

I urge you to consult with an attorney or retain an advocate to help you resolve this problem. Most attorneys do consultations for a minimal fee.

Also check the law schools in your area – some law schools have special education clinics. Law students assist parents and are supervised by a licensed attorney.