Can a school deny a child with several disabilities not to come back to school after running away?

Question

my step son ran away from school and they would not let him come back in this same situation happened several times and they let him come back but now they have a new policy myself and wife was not told about it until today

Answer 1

The law provides for a Free and Appropriate Education (FAPE) to all children. If he has run away several times, the school actually has MORE of a legal obligation to him besides keeping him in school. They have an obligation through "Child Find," which is part of the IDEA, the law that provides for special needs students, to evaluate him for the "Other Health Impaired" category which covers things like asthma, diabetes, heart conditions, etc. It also covers any mental health problems, ie, ADD/ADHD, Bipolar Disorder, etc. The school has a legal obligation to determine if there is something going on with your step-son in the mental health arena.

This all applies UNLESS it is a private school. It does apply to any school receiving federal funding, ie, public schools, charter schools, alternitive schools, etc.

What they *may* do is to place him in an alternative school if they have one available for his grade level, usually high school.

If you'd like more info, please visit the Special Education Plans message board at ivillage.com where a special education advocate can give you great answers!

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Answer 2

I guess I am a little unclear, are the suspending him for the day because he ran away or not allowing him to return to this particular school ever? If he is a student with an IEP they have to provide him a Free appropriate public education. If they feel they cannot safely manage your child at the current school they can purpose another placement, another classroom and/ or another school that would meet your child's needs. However that would constitute a change of placement and they would need to have an IEP to propose the change to you. They of course cannot keep him out of school, but can look at making changes. Where is your son now if they are not letting him come back to school? If he is at home call an IEP immediately to ask what they are going to offer him to help him meet his goals. You may also want to request a behavior plan or behavior services to address his running away as it seems to impact his ability to participate in school.

Know the law, learn your son's rights and advocate for what he needs.

www.wrightslaw.com

Answer 3

It depends - is the behavior a result of his disability?  If the answer is yes, then no the school cannot deny him re-entry.

If the behavior is just that, a behavior that is not due at all to a disability, then yes, the school has the right to suspend the child just as they would a child without disabilities.

Answer 4

I've had a student who ran away from school.  If they formally re-wrote the IEP (which you should have been informed about), the school could provide for an education through homebound services.  Running causes a huge disruption to the school day and is very dangerous to staff and students.  

However, to remove a child legally requires a lot of documentation that the school attempted to prevent the situations in which a student would run.  Has your child had a behavior plan in place and its not working?  

In either situation, ask them to put their new policy in writing.  In the policy, ask them how they will continue to serve your student with disabilities.  Even students that bring loaded guns to campus and are in detention centers are required to be served by the school system.  

If the principal gives you trouble about it when you call, make your next call to the special education director for your county.  The next place to go is the school's superintendent and/or the state level special educaiton director.

Answer 5

i think that this is out of order you could call it discrimination because i used to live with people who have got server learning difficulties and they went to college  and school and they where never asked to leave or not to come back even if they have done something which they should not have done and one of them has got a certificate equivalent to NVQ level2 in gardening and skills for life

Answer 6

no

Answer 7

Call ADA. I think the school will listen to them.

Answer 8

they could temporarily -provide home instruction until the safety issue can be corrected and quickly work out a behavior support plan for him to return to school...