son being sent to disciplinary school - please help!

My son is very impulsive too, and that sounds like something he would do without thinking. I would not let my son go to a school like that. He needs help, not more trouble.
Maybe you could consider finding someone who homeschools their child and have them help you with him.
I know my advice isn’t much help, but wanted to let you know I
feel for you, I wish I had an answer. Hang in there!

Hi Kimby,

I agree - you can’t send your son to that other school. You said this is a mandatory transfer. Is that state law?? Is is possible for you to take a year’s leave of absence from your job? Or to even quit if you have another source of income? I understand the financial hardship and I was only working part-time but I did quit my job to homeschool my daughter (my husband works full-time). Kathy too’s suggestion is a good one to try and find someone to homeschool your son - perhaps another homeschooler or a retired teacher or a college student working on his/her education degree. Do you have any relatives or friends who could help? Perhaps a parochial school has a financial needs scholarship.

I’ll pray for you and your son. Blessings, momo

Thank you for your support. It is a steadfast rule that kids that bring weapons to school be transferred out. However, he did not bring it to cause hurt or damage. I will have a hearing with the school district, however I was told that they never change their ruling on these things.
I am a single parent so home schooling by me is impossible. I don’t know where to start looking to find someone else who does it. I thought about parochial school, however Pete’s grades are low (failing) and now his school records show he brought a knife to school. (Plus, due to my own issuses with the church, he has not made any of the sacraments other than baptism. We have recently started going to church, but that is another issue completely)
Anyway, I don’t believe they would even consider admitting him.
We saw our therapist last night and he said I needed to fight to keep him out of this school. He knows the school and says it is for hardened criminal types and not a place my child belongs. I am so scared, I cannot sleep. The only realitive I have outside the district is my father. He lives 3 hours away. He may be willing to take my son in and let him go to school in his area. However, I am again faced with the knife incident being on his record and the “normal” schools might not take him in.

I try so hard to tell Pete to think first. I always tell him that sometimes the consequences of doing things impulsively will be severe. I have tried to protect him from himself, essentially, but he has really done himself in. He broke the one rule that they take ultra seriously (and they should). But he did it without malice, only hopes of showing his friends something cool.

Thank you for your words of support and advice. I will let you know how it goes.. (If I don’t have a nervous breakdown first)

I think maybe a call to a lawyer, perhaps one who specializes in sp.ed issues, could help, along with your son’s therapist, to keep your son out of this other school. Maybe even look into a school that specializes in ld/adhd. I am not sure what to tell you, I haven’t been in this situation. It is one of my greatest fears though because my son is such a follower(12 also). However, the above suggestions are probably what I would start with. Perhaps even the local ld advocate. I agree your son shouldn’t go to this other school. I hope we on the board are able to help somehow. Best wishes.

Kimby,
need to know a few things. Does your son have a 504 or an IEP?
It depends on which one they have,in regards to what legal steps you can take.
It is true weapons are a hard fast rule. If the parent refuses or disagrees with the alternative placement,then they,the school district can place him their for 45 days. only. Then the meetings start all over again and etc. You can invoke your rights to due process. If you file for Due process then there is a section called “stay put” which means the can’t move him until you go to court and let the judge determine. You can also request evaluation be done. They must evaluated before any change of placement,then again,I need to know which he has an IEP or 504?

And don’t assume the parochial school won’t admit him. The whole idea that “oh, parochial schools do better than public because they just don’t let in kids they don’t want” applies to some of ‘em I’m sure, but by no means all. When I taught sixth grade at St. C’s there were half a dozen kids in my class coming from public schools and three of them had labels and histories. They benefited immensely from the smaller, more caring atmosphere. (This wasn’t in the greatest neighborhood, either.)

I’d go to that school and beg, plead, and offer to start volunteering *right now* with whatever little time you have. THis is just too important. Any administrator with half a heart would at least let the kiddo in on probationary status.

Here is the problem. Every year he has had a new IEP. Last year, they told me he no longer needed resource room. I agreed as long as they promised some special considerations (such as more time to copy stuff, sit close to teacher, less spelling words, extra homework help, etc). I signed the paper that said he was going to go back to regular ed. under the condition that these considerations were followed. So technically, he is no longer special ed, even though he was diagnosed and had IEP’s all along, there is no IEP now. I am afraid this may make it much more difficult. I still have the evals done by the school and a private fascility. He does have ADHD and depression. If I ask for another school eval, will they have to keep him there until it is complete? I think if they absolutely force it, he will be staying home on unexcused abscence until I can get him out of that situation. He will not go there, if I have to go in front of a judge for truancy. I have to protect him.

I have calls in to the education law center and the PA advocacy agency so I am waiting to hear from them. Our psychologist agrees this is a bad decision, but I don’t know what good that will do.

The school district is currently fighting privitization and being taken over by the state. I may take my story to the news channels if I cannot get anywhere with them.

Good move calling the protection and advocacy .
Now for your rights under IDEA.
§300.519 Change of placement for disciplinary removals.

For purposes of removals of a child with a disability from the child’s current educational placement under §§300.520-300.529, a change of placement occurs if—

(a) The removal is for more than 10 consecutive school days; or

(b) The child is subjected to a series of removals that constitute a pattern because they cumulate to more than 10 school days in a school year, and because of factors such as the length of each removal, the total amount of time the child is removed, and the proximity of the removals to one another.

(Authority: 20 U.S.C. 1415(k))

Okay first off this is more than ten day removal and would consitute a change in placement.
Now if they are saying he is not a child with a disability under IDEA,because he doesn’t have an IEP,we will get to that in a minute.

§300.520 Authority of school personnel.

(a) School personnel may order—

(1)

(i) To the extent removal would be applied to children without disabilities, the removal of a child with a disability from the child’s current placement for not more than 10 consecutive school days for any violation of school rules, and additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under §300.519(b));

(ii) After a child with a disability has been removed from his or her current placement for more than 10 school days in the same school year, during any subsequent days of removal the public agency must provide services to the extent required under §300.121(d); and

(2) A change in placement of a child with a disability to an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, but for not more than 45 days, if -

(i) The child carries a weapon to school or to a school function under the jurisdiction of a State or a local educational agency; or

(ii) The child knowingly possesses or uses illegal drugs or sells or solicits the sale of a controlled substance while at school or a school function under the jurisdiction of a State or local educational agency.

(b)

(1) Either before or not later than 10 business days after either first removing the child for more than 10 school days in a school year or commencing a removal that constitutes a change of placement under §300.519, including the action described in paragraph (a)(2) of this section—

(i) If the LEA did not conduct a functional behavioral assessment and implement a behavioral intervention plan for the child before the behavior that resulted in the removal described in paragraph (a) of this section, the agency shall convene an IEP meeting to develop an assessment plan.

(ii) If the child already has a behavioral intervention plan, the IEP team shall meet to review the plan and its implementation, and, modify the plan and its implementation as necessary, to address the behavior.

(2) As soon as practicable after developing the plan described in paragraph (b)(1)(i) of this section, and completing the assessments required by the plan, the LEA shall convene an IEP meeting to develop appropriate behavioral interventions to address that behavior and shall implement those interventions.

Okay so NOW if they didn’t do the above assessment or have the above BIP together they must now do this before changing the placement.

(c)

(1) If subsequently, a child with a disability who has a behavioral intervention plan and who has been removed from the child’s current educational placement for more than 10 school days in a school year is subjected to a removal that does not constitute a change of placement under §300.519, the IEP team members shall review the behavioral intervention plan and its implementation to determine if modifications are necessary.

(2) If one or more of the team members believe that modifications are needed, the team shall meet to modify the plan and its implementation, to the extent the team determines necessary.

Now notice this:

f) Deficiencies in IEP or placement. If, in the review in paragraphs (b) and (c) of this section, a public agency identifies deficiencies in the child’s IEP or placement or in their implementation, it must take immediate steps to remedy those deficiencies.

So you could state that deficiencies exist and they must reevaluated for the presence of a disability or needed services.

Hope this helps,good luck..

THANK YOU! I am going to need all the support and back-up I can get. Using legal means is my best hope. I called the school today to request that he be re-evaluated. His grades are all 65’s. I spoke with the counselor and she told me to put my request in writing. I did and faxed it to the principal.
I noted that he was evaluated and diagnosed less than a year ago at Children’s Hospital of Phila and that he is failing all major subjects and needs to be re-evaluated by the school psychologist for special help. I am hoping that, at the very least, they will not be able to transfer him out while this request is pending. And if the eval is done soon, it will clearly show that he needs special ed and an IEP.

I cannot thank you enough for your help. I have been seeing things through a fog.

Make sure Kimby you mention the behavior assessment. Tell them that you also request a functional behavior assessment,and that you feel that a proactive approach with your son was not tried BFORE the incident,and you are requesting that they do this NOW,before they even consider an alternative placement. Show them the sections of IDEA that tells them their obligations,and when they tell you he doesn’t qualify for SPED,tell them to prove it.

I read this string and found the reference to CHOP in Philly. If you are in philadelphia, call the Pennsylvania Department of Education consultline at 1-800-692-7288.
The parents advocacy network (PEN) in York is helpful, but they don’t have the teeth that the state does. I just called the Consultline, they told me what to tell the school and the school complied immediately (well almost!).
They will call you back that same day and they are very clear and concise.