What to Do When Your Child is Sent Home for Challenging Behavior: A Guide for Parents
At ConnectEd Advocates, we understand that receiving a call from school asking you to pick up your child due to challenging behavior can be stressful and confusing. As a parent or guardian, knowing how to respond is crucial not just for your child’s immediate situation but for their long-term educational rights and needs. Here’s a guide on how to navigate this challenging scenario.
Stay Calm and Gather Information
First, take a deep breath. It’s important to approach the situation with a level head. When you receive the call, ask the school for specific details about the behavior that led to this decision. Understanding the context will help you prepare for any necessary discussions with school staff later.
Understand Your Child’s Rights
Children with special needs have specific protections under the law. Unlike their non-disabled peers, students receiving special education services are entitled to certain rights regarding discipline. The primary goal of these protections is to ensure that students do not miss critical educational services because of behavioral issues related to their disabilities.
The Reality of Informal Calls
It’s important to acknowledge that many schools are increasingly calling parents to pick up their children without formally documenting these incidents. This lack of documentation can lead to a misleading portrayal of your child’s behavior and can prevent necessary interventions from being put in place. Failing to document the request or change of placement formally also means that critical data may not be available during IEP team meetings, hindering discussions about your child's needs and progress. If you receive such a call, consider asking the school how they plan to document the incident and ensure that it is reflected in your child's records.
Know About Suspension and Change of Placement
Yes, a special education student can be suspended, but there are rules that protect them from being removed without appropriate consideration. If your child is suspended for more than ten school days in a school year, the school must provide educational services during this time.
There are two types of suspensions to be aware of:
In-School Suspension: This allows the student to remain on school grounds but in a separate setting. They will typically continue to receive some educational services, although the quality and type of support may vary.
Off-Site Suspension: This involves removing the student from the school entirely. In this case, the school must ensure that educational services are provided elsewhere. This is critical because if your child is out of school for more than ten days, they must still receive the educational support necessary to progress in the general curriculum and meet their IEP goals.
Furthermore, if the behavior is deemed a "change of placement," additional procedures come into play, including a manifestation determination meeting to evaluate the connection between the behavior and the child’s disability.
What is a Manifestation Determination?
A manifestation determination meeting involves an IEP team review of whether the behavior is related to your child’s disability. If the team finds that the behavior was caused by or directly related to the disability, your child cannot be further punished and must continue to receive the services outlined in their IEP. This meeting is also an opportunity for you to share your insights and advocate for your child.
If the Behavior is a Manifestation
If the IEP team determines that the behavior is a manifestation of your child’s disability, the IEP must be adjusted to address these behaviors. It’s important to note that a Functional Behavioral Assessment (FBA) typically isn’t warranted for one-time, random behaviors. However, if you notice recurring behaviors that disrupt your child’s learning or the learning of others, it’s essential to advocate for an IEP team meeting and a request for an FBA.
An FBA will help identify triggers and patterns in your child’s behavior, allowing the team to develop effective strategies to support your child’s needs. Once the FBA is completed, the team can create or modify a Behavioral Intervention Plan (BIP) tailored specifically to address the identified challenges. This proactive approach can significantly enhance your child’s educational experience and help prevent future incidents.
If the Behavior is Not a Manifestation
If the IEP team finds that the behavior is not related to your child’s disability, they can be disciplined like any other student. However, remember that you have the right to disagree with this decision. If you feel the determination is unfair, you can request a due process hearing, which can provide you with additional protections during this challenging time.
What Services Are Available?
Should your child be suspended or removed from school, it’s essential to discuss what educational services will continue. These services must help your child progress in the general curriculum and meet their IEP goals. Communicate with the school about what support will be provided, and ensure that any tutoring or alternative arrangements are adequate and tailored to your child’s needs.
In addition to ongoing services, parents should also inquire about **compensatory services**. These are intended to make up for educational services that were missed due to suspension or removal. There’s no set amount of minutes or hours defined for compensatory services, as it can vary greatly based on individual circumstances. The school may not offer every minute of the specially designed instruction (SDI) that your child is entitled to; however, it is critical that any compensatory services provided are reasonable and fair in the eyes of the state. Engage with the school to ensure that the compensatory services are appropriate to address your child’s unique needs and to facilitate their continued progress.
Can Your Child Be Referred for Special Education Services During Suspension or Expulsion?
Yes, your child can still be referred for special education services even if they are currently suspended or expelled. If you initiate a referral, the school is obligated to conduct evaluations promptly.
The school is generally considered aware of your child's needs if:
You have communicated concerns about your child's need for special education services to school officials.
You have requested that the school evaluate your child for special education.
School staff have expressed concerns regarding your child's behavior or performance to the appropriate administrators.
However, it's important to note that your child may not qualify for additional protections if:
The school has previously sought your consent for an evaluation, but you or your child chose not to proceed.
The school offered special education services, and you or your child declined those services.
An evaluation took place, and the IEP team concluded that the child does not have a disability under IDEA.
Invite Support
During any meetings or discussions with school staff, consider bringing someone who knows your child well, such as a counselor or a trusted advocate. Their insights can be invaluable in ensuring your child's needs are accurately represented and addressed.
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While a call from school can be alarming, knowing your rights and the steps to take can empower you to advocate effectively for your child. Remember, you are a key member of the IEP team, and your insights matter. At ConnectEd Advocates, we’re here to support you every step of the way. If you need assistance or guidance, don’t hesitate to reach out to us. Your child’s education and well-being are worth fighting for!
