If a child is receiving services under IDEA at school what can be done if a teacher removes him from her clasi

Question

My son was told to leave a teacher's classroom and not to return until she had a conference with the principal about his behavior. I am yet to be notified by the school on this matter! My son told me about it today and said he has not been to her classroom for several days. They have him going to a classroom by himself for that period! The principal knows about this according to my son. What rights are being violated here and how should I handle this matter? He is a special education student and is receiving services under IDEA for emotional disturbance because of behavioral problems.

Answer 1

I'd be ticked off, too!  First, his right to safety is being violated since he's in a room by himself (if there's no teacher, that is)

Technically, 'In school suspension' isn't counted in his 10 days as a special ed student.  But I doubt putting him into a room by himself doesn't best serve the student.  I agree a behavior plan should be put into place.  One isn't required until he gets suspended for more than 10 days, but the point isn't to wait until it's required, but to act proactively.  A functional behavior analsys will help you decide why he's behaving the way he is.  Is the work too hard, is there another student there that he has a problem with, etc.  The plan will put a system into place to give consequences and rewards.

Because he's EBD is probably why he hasn't been suspended from school are a result of his behaviors.  Is this a special education teacher or a regular education teacher?  If it's regular ed, that teacher needs to be educated as to how to work with your child.  Another idea is perhaps he can spend that period in a special ed room (that's putting a patch on the problem, I know, but it's at least a solution until you get this worked out).

I'm glad your son talked to you about what was happening- it's important the lines of communication are kept open, always!

Answer 2

Oh My!  There are so many things wrong with this....It's really hard to answer without knowing more of his IEP and spec. ed. at the school, or even what the behavior was that caused the teacher to have him not return to the classroom.  

Has your son had a Functional Behavioral Assessment (FBA) done?  Is their a Behavioral Intervention Plan (BIP) in place?  (this BIP addresses behaviors that your son may have and how the staff is to address them)  You should have been informed immediately of his removal from class and why this was done.  

An ARD can be called to meet to determine if this behavior was a "manifestation of his disability" and not just usual "bad" behavior.  This determination means your child cannot be "punished" according to the student code of conduct for a behavior that is a manifestation of his disability, except for special circumstances (see below).  

Yes, his rights are being violated--he is missing out on education time by being sent to a class by himself, as well as being singled out/isolated, if he has a BIP in place in his IEP--was it followed, does it need revision.  But again, you need to know just what the behavior was as under IDEA a child can be removed from the class to an alternative placement for up to 45 days regardless of the findings of the determination of manifestation, if the child had/possessed a weapon, caused bodily harm to an other etc.  

I suggest you go to the website www.wrightslaw.com and search for Behavior.  This site is awesome and a must be bookmarked site for any parent/student receiving spec. ed. under IDEA, 504, etc.  Another site is www.idea.ed.gov--again search behavior.   Hope this helps some.  Good Luck! ~DLA

Answer 3

Oh I would be extremely ticked off. I would first find an advocate and confront the school system in regards to no notifiycation. Then I would ask that specific teacher what has SHE reflected upon to help the situation. In other word did she try to change anything to avoid the issues other then get out of my class. I would consider this to be discrimination, I was told I wasnt even allowed to scoot a students desk away from other that was annoying him by touching his desk due to this.

Answer 4

School districts can remove the child from the classroom for up to 10 days. This falls under discipline. It doesn't matter if they send them home for suspension or do an in school suspension or even don't call it a suspension at all. IF he is out of his primary placement then it is change of placement and is covered for 10 days. However .. yes they do have to notify you.. and by or before the 10 days are up they have to conduct a behavior manifestation. They try to fudge it by not calling it a suspension or pretending it is not disciplinary in nature, but it obviously is.

http://www.wrightslaw.com/advoc/articles...

excerpt from website.

Even if agreement is not possible, in general, school officials can remove any child with a disability from his or her regular school placement for up to 10 school days at a time, even over the parents' objections, whenever discipline is appropriate and is administered consistent with the treatment of nondisabled children. Sec. 300.520(a)(1). However, school officials cannot use this authority to repeatedly remove a child from his or her current placement if that series of removals means the child is removed for more than 10 school days in a school year and factors such as the length of each removal, the total amount of time that the child is removed, and the proximity of the removals to one another lead to the conclusion that there has been a change in placement. Secs. 300.519-300.520(a)(1). There is no specific limit on the number of days in a school year that a child with a disability can be removed from  his or her current placement.