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:

1. 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.

2. 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!

The Mental Load of Navigating Special Education: Why Mothers Need Support

The journey through the special education process can often feel overwhelming, especially for mothers. At ConnectEd Advocates, our analytics reveal a striking statistic: 97% of the families reaching out for support in navigating special education are mothers aged 35-44. This highlights a critical issue: the mental load these mothers carry as they fight for their children's rights to a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA).

UNDERSTANDING THE MENTAL LOAD

The mental load refers to the cognitive burden of managing responsibilities, tasks, and the emotional weight that comes with them. For mothers of children with disabilities, this load can be particularly heavy. It involves:

• Researching Rights and Services: Understanding special education laws, eligibility criteria, and the specific services their child is entitled to can be a daunting task. Many mothers find themselves spending countless hours researching FAPE and IDEA provisions to ensure their child receives the support they deserve.

• Navigating Complex Processes: The IEP process can be intricate and confusing. From drafting goals to attending meetings with school officials, the administrative details require a level of organization and assertiveness that can be exhausting.

• Emotional Advocacy: Advocating for a child’s needs often comes with emotional challenges. Mothers may feel frustrated, anxious, or even isolated as they encounter barriers in obtaining services. The emotional toll of fighting for their child’s rights can lead to burnout.

• Balancing Responsibilities: Many of these mothers juggle work, household duties, and the needs of other family members while managing their child’s special education journey. The pressure to balance these roles can amplify feelings of stress and overwhelm.

The Fight for FAPE and IDEA

Despite the protections afforded by laws like FAPE and IDEA, many mothers find themselves in a continual struggle to secure necessary services for their children. The system is designed to provide support, yet the reality is that parents often have to fight for what should be easily accessible. This discrepancy can lead to feelings of frustration and helplessness.

Many mothers report feeling like they are constantly on the defensive, needing to justify their child’s needs and the associated services. This battle can take a significant toll on their mental health and overall well-being.

THE NEED FOR SUPPORT

Given the high percentage of mothers reaching out for help, it’s clear that support is essential. At ConnectEd Advocates, we aim to empower these mothers by providing the resources, guidance, and advocacy they need to navigate the special education landscape effectively.

Here’s how we can help:

• Information and Resources: We provide comprehensive resources to help parents understand their rights and the special education process. This empowers them to advocate effectively without feeling overwhelmed.

• Personalized Support: Our team is dedicated to working one-on-one with families, helping them navigate meetings, draft IEP goals, and understand the specifics of their child’s needs.

• Community Building: Connecting mothers with one another fosters a sense of community and shared experience. Knowing they are not alone in this journey can alleviate some of the emotional burdens.

THE POWER OF ADVOCACY

Using an advocate can make a significant difference in the special education journey. Many families report that after being stalled for months or even years, engaging an advocate triggers or expedites critical processes. With an advocate by their side, parents often see:

• Robust Services: Specially designed instruction and support services become more comprehensive, tailored to their child's specific needs.

• Improved Communication: Interaction with the school becomes more consistent and respectful, fostering a collaborative atmosphere that benefits everyone involved.

• Regular Updates: Parents receive more frequent and transparent updates on their child’s progress monitoring data, allowing them to stay informed and engaged in their child’s education.

This support can transform a daunting process into a more manageable and productive experience, significantly reducing the mental load on mothers.

WHY DO ADVOCATES MAKE SUCH AN IMPACT?

Advocates play a crucial role in navigating the special education landscape, particularly in an environment where schools are often understaffed and under-resourced. In many cases, IEP team members may hesitate to offer more than they can effectively implement due to concerns over compliance. The IEP functions as a contract, and if a school is found out of compliance, it can lead to serious repercussions, including state complaints, audits, compensatory services, and even lawsuits.

Advocates help bridge this gap by ensuring that parents understand their rights while also working collaboratively with schools to find feasible solutions. Their expertise in the system can help move processes along, making it more likely that children receive the services they are entitled to without the drawn-out battles that many families face.

CONCLUSION

The mental load associated with navigating the special education process is a significant issue, particularly for mothers who are often at the forefront of advocating for their children. With 97% of our inquiries coming from mothers aged 35-44, it’s clear that the need for support is critical. At ConnectEd Advocates, we are committed to alleviating this burden and empowering families to secure the services their children are entitled to without unnecessary struggle.

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If you’re a mother navigating this complex system, remember: you’re not alone. Reach out to us for support and let’s work together to ensure your child receives the education they deserve. Schedule a No-Cost Consultation today!