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SUSPENSION/EXPULSION

Submitted by an LD OnLine user on

mY 15 YO LD STUDENT, NO DETENTIONS OR PREVIOUS DISCIPLINE IN ENTIRE EDUCATION HISTORY IS SUSPENDED FROM SCHOOL FOR TEN DAYS. BOE TO DETERMINE HOW LONG HE WILL BE EXPELLED FOR. HE WROTE GRAFFITTI ON THE SCHOOL BUILDING, WHICH IS TO BE TORN DOWN IN 6 MONTHS. HIS LD IS DYSLEXIA, CAPD, POSSIBLE ADD. HE WILL ALSO BE ARRESTED FOR CRIMINAL MISCHIEF. ANY ADVICE APPRECIATED. HE DOES HAVE AN IEP. I AM AWARE THAT THE SCHOOL MUST CONDUCT A MAIFISTATION HEARING, I DON’T KNOW IF THEY KNOW IT. BUT I AM UNCERTAIN IF ONE CAN SAY THESE LD’S HAVE RELATION TO HIS ACTIONS. THANKS

Submitted by Anonymous on Sun, 11/21/2004 - 6:12 AM

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In our district, if a student writes something that is interpreted as threatening, under the Homeland Security Act, they may be expelled. I am not sure how being LD would excuse them from being punished, in the case of a threat.

Submitted by LB on Mon, 11/22/2004 - 5:30 AM

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This was a design, not words. So I don’t think its a security issue. I do want him punished. I just don’t think the punishment should be the same as those caught with a weapon or controlled substance. I recentley read a Harvard study that found zero tolerance when broadly applied was having a negative impact on students but was making the job of Administrators easier. I didn’t know if anyone else had an experience I can draw from. Thanks

Submitted by marycas on Mon, 11/22/2004 - 7:17 AM

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My sons high school is cracking down as well

Im not sure what has provoked it at this point in time-whats different than a year ago?

In our school, the principals daughter, who was hell on wheels, graduated last year and now there are all these restrictions and punishments-you can just guess what everyone is saying about the timing!!!!

Overall, I think it is a good thing but I sympathize with you; you must know of kids who have had multiple run-ins who have gotten away with at least cumulatively more than this

I would swallow the suspension myself but try to appease the powers that be and eliminate criminal prosecution

I dont see how those LDs could be brought into the equation

Submitted by LB on Mon, 11/22/2004 - 7:58 AM

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LD is brought into the equation because a manifestation hearing is required. If the childs disablility has a relation to the behaviour a child can not be expelled.

Submitted by Anonymous on Mon, 11/22/2004 - 11:33 AM

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I think in the revisions to IDEA passed last week the schools get more leeway in punishing kids with disabilities. Prior, of course, you could pretty much construe any wrong-doing as being related to the child’s disabilties leaving schools’ hands tied as far as punishing kids. Not anymore.

I think defacing public property in such a manner is pretty severe even if the building is being torn down in 6 months. I think it’sa stretch saying this is relating to LDs and CAPD and a possible dx of ADD.

Submitted by obesestatistic on Mon, 11/22/2004 - 3:42 PM

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My son is ADHD, dyslexic, dysgraphic, and bipolar. We have had many a run in with the school because of his behavior. He has even been referred to the judicial system (a bogus set up because they didn’t know how to deal with his BP).

You are right, there must be a manifestation hearing held IF the suspension will result in ten days out of his normal placement. If there is a manifestation hearing held, then you would have to prove that his actions were a direct result of his disabilities. I don’t have enough info at this point to help you much. You can email me at [email protected] with more info if you would like and I’ll see if I can help.

Submitted by Sue on Tue, 11/23/2004 - 8:41 AM

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YOu might want to be clear in language, too — suspension is temporary, expulsion is long-term. “How long he will be expelled for” is a confusing statement because if he’s expelled, he would have to go through a fair amount of brouhaha to get back in, period. Suspension is not good … but an awful lot of people have endured it and succeeded. You can be the sympathetic mom… but if he starts heading down that path again you can say “remember what happened last time!”

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