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Ely
Ely, Attorney
Category: Education Law
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Experience:  Attorney in general practice,
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My special needs son was kicked off the public school bus

Customer Question

My special needs son was kicked off the public school bus for tossing a backpack 2 seats behind him and throwing a bottle he said he FOUND in his seat and wipeing nose "burgers" on his seat, is this right to do him that way without so much of a warning. he has been kicked off before without a warning for pushing. the school has been harassing us all year long because he has a servere speech disorder and is had to understand and at times can not relate what happened; at times he refuses to tell or even talk about what happened, he has ODD, severe adhd, sensitivity disorders, and bipolar disorder. he is 6 yrs old in kindergarden and is currently on 3 medications yet they expect him to act, behave, and learn as a NORMAl kindergardener. he does not understand what is going on. the school and i are constantly arguing because i refuse to WHIP him. are there laws reguarding this for northeast arkansas and what can i do?
Submitted: 7 years ago.
Category: Education Law
Expert:  Ely replied 7 years ago.
Hello,



My name is Eli and I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Is he in a special program, or does he go to normal school and just takes medication?
Customer: replied 7 years ago.
he is in a special program yes, he takes speech and has an IEP program to help with his behavior issues and sees a counselor at school as well as outside school. In fact the 2nd we have a IEP conference set up at his school to discuss his issues concerning his ADHD, ODD, and his newly diagnosed SENSORY problems as well as his recently made changes in medication. he is on Risperidone .5mg 2x daily, Clonidine .1mg 1/2 tablet 2x daily, and Focalin XR 15mg capsul 1x daily. as well as his progress evaluations which i already know are not good, he is way behind his class; normal classroom, where his peers can count to 100 by tens, he can not count to twenty by 1s. he does not understand money, days of week, time, although he does know our town, colors, and his age.
Expert:  Ely replied 7 years ago.
Ok, I understand. What exactly is your question?
Customer: replied 7 years ago.
My special needs son was kicked off the public school bus for tossing a backpack 2 seats behind him and throwing a bottle he said he FOUND in his seat and wipeing nose "burgers" on his seat, is this right to do him that way without so much of a warning. he has been kicked off before without a warning for pushing. the school has been harassing us all year long because he has a servere speech disorder and is had to understand and at times can not relate what happened; at times he refuses to tell or even talk about what happened, he has ODD, severe adhd, sensitivity disorders, and bipolar disorder. he is 6 yrs old in kindergarden and is currently on 3 medications yet they expect him to act, behave, and learn as a NORMAl kindergardener. he does not understand what is going on. the school and i are constantly arguing because i refuse to WHIP him. are there laws reguarding this for northeast arkansas and what can i do?
Expert:  Ely replied 7 years ago.
When you say kicked off, do you mean barred?
Customer: replied 7 years ago.
he is not allowed on the bus for 4 days, the first time was 3 days
Expert:  Ely replied 7 years ago.
The Individuals with Disabilities Education Act (IDEA) is a United States federal law that governs how states and public agencies provide early intervention, special education, and related services to children with disabilities.

The act requires that public schools create an Individualized Education Program (IEP) for each student who is found to be eligible under the both the federal and state eligibility/disability standards. The IEP is the cornerstone of a student's educational program. It specifies the services to be provided and how often, describes the student's present levels of performance and how the student's disabilities affect academic performance, and specifies accommodations and modifications to be provided for the student.

Pursuant to IDEA, discipline of a child with a disability must take that disability into account. For example, if a child with Asperger syndrome is sensitive to loud noises, and if the child runs out of a room filled with loud noises, any discipline of that child for running out of the room must take into account the sensitivity and whether appropriate accommodations were in place. According to the United States Department of Education, for children with disabilities who have been suspended for 10 days total for each school year, including partial days, the local education agency (LEA) must hold a manifestation determination hearing within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct following either the Stay Put law which states that the child shall not be moved from his or her current placement or interim services in an alternative placement if the infraction was deemed to cause danger to other students. The LEA, the parent, and relevant members of the individualized education program (IEP) team (as determined by the parent and LEA) shall review all relevant information in the student's file, including the child's IEP, any teacher observations, and any relevant information provided by the parents to determine if the conduct in question was:


? Caused by, or had a direct and substantial relationship to, the child's disability; or
? The direct result of the LEA's failure to implement the IEP.


If the LEA, the parent, and relevant members of the IEP team make the determination that the conduct was a manifestation of the child’s disability, the IEP team shall:

? Conduct a functional behavioral assessment and implement a behavioral intervention plan for such child, provided that the LEA had not conducted such assessment prior to such determination before the behavior that resulted in a change in placement described in Section 615(k)(1)(C) or (G);

? In the situation where a behavioral intervention plan has been developed, review the behavioral intervention plan if the child already has such a behavioral intervention plan, and modify it, as necessary, to address the behavior; and

? Except as provided in Section 615(k)(1)(G), return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavior intervention plan.


It looks like here, they have utterly failed that. I recommend taking this to the school, and threatening reporting them to the state/fed authorities unless they follow the rules and sit down and work this out, without just "kicking him off" every time.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 7 years ago.
What exactly is this Section 615(k)(1)(C) or (G) you are refering to and where can i find more information about it.
Expert:  Ely replied 7 years ago.
See here:

http://idea.ed.gov/explore/view/p/,root,statute,I,B,615,

See here for the overall law:

http://idea.ed.gov/

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”
Expert:  Ely replied 7 years ago.
I saw that you have viewed my answer but did not accept it. Did you have more questions? May I clarify anything?