[QUOTE=NoTellin]...And, your son is not about to be expelled. I'm not sure who's telling you that. If he has an IEP, he has to be suspended 10 times in one school year, and then there has to be an IEP meeting to address Manifest Determination (ie, was the cause of the suspensions due to his disability), and the team has to determine that the suspensions were not due to his disability...[/QUOTE]
Wow- I have never heard this before- aren't there some absolute offenses that are grounds for expulsion (even if you have an IEP) I would think that a spe-ed student's right to education is protected- meaning they might move him to another school (special school)- but keeping him in the same school after 9 suspensions- goodness- that can't be good for anyone.
Where did you learn this- notellin? (PS- I am not meaning to question your info- I just really like to keep up on special education rights.) I totally agree with the others- it sounds like you have been given one incorrect piece of info after another.
Just a few examples that made me go 'hmmmmmm':
They requested I increase my son's medication
that is illegal (Unless you said- "I don't know if he needs a different med, or a dosage change..." and they they said "Maybe a higher dose" There are ways that conversations about meds can be considered appropriate between teacher/parent. But a flat request for meds or more meds is not legal. And of course, a demand for meds is illegal. )
for petty things like refusing to open a book, leaving the classroom,
I wouldn't consider either of these petty- especially if it is a pattern of open defiance or wandering away
The school said since ADHD is considered a medical disability not an emotional disturbance that the school will not provide any additional support.
Schools DO provide support for medical disabilities as well as ED children and educational/learning problems. ADHD students may be protected under the Americans with Disabilities Act (by the implementation of a 504 or accomodation plan). If a specific %age delay or difference can be measured between a student and his peers, then he can get an IEP, in which services (and sometimes accomodations) are defined and then given to the student.
I did get an IEP, but that is all 'Greek" to me, and it doesnt seem to be working.
What services are defined in the IEP? Did you attend the IEP meeting? If so you had to sign off on the plan so you should have some idea of the services he is (or is supposed to be) recieving. What is his classification on the IEP? (Example: SI: Speech Impaired, ED: Emotionally Dis., or OHI: Other) You really aren't going to be able to help your son unless you can understand the main idea of this document- you need to make sure the IEP is appropriate and is being followed. It sounds like you can't ask the school to help you understand it. Do you have any friends who are teachers who might help you sort through the IEP so you can understand it better?
KidsInSpace39498.3193865741
From LDOnline.
"Manifest determination hearings follow disciplinary actions by the school that result in expulsion or a changing in placement. If a disciplinary action involves a request for a suspension or other actions involving removal from a program for more that ten days, the IEP team must meet to determine whether the misconduct resulted from the disability. This is referred to as a manifest determination hearing, review or IEP meeting."
Expulsion of a SE student usually pertains to drugs or violence, and endangering the safety of students/faculty. For all the suspensions behaviors, I'm pretty sure they just recommend alternate placement. Two different paths.
Just to clarify, it's a total of 10 days, not a total of 10 suspensions in a school year.
I have a 12 year old son too so I know what a difficult age this is, especially if they have ADHD. My DS's meds aren't working as well as they used to so we are having to figure new things out. We just moved to a new area and so have a new school - the school/teacher has been very difficult to work with - I asked that my son sit at the front of the class as this helps him pay attention but they do it for a few weeks and then move him to the back. Then the teacher gets upset if he asks her to repeat something she already said. He is very frustrated! Anyway, unfortunately I don't have any good advice as I am trying to figure things out as well. I have been reading a book called Maknig the System Work for your Child with ADHD by Jensen. It has been great with helping me understand my child's rights, the difference between an IEP and a 504 (we don't have either but I have now requested a 504), etc. If you have an IEP then I think there are some things the school must do for you. Hopefully someone here will offer you some help. You may want to look under the School topic and even post this again there. Sorry I can't be more help but I wanted you to know you aren't alone. First of all the school CANNOT request a med increase, they cannot ask about meds, they have violated federal law. ADHD is covered under IDEA, so it is not a "medical" issue, but an educational one, I would request a meeting with school staf, and the IEP team and get to the bottom of it. You also probably need an advocate.Perhaps you should call your county's department of special education and tell them that the school said -- "since ADHD is considered a medical disability and not an emotional disturbance, the school will not provide any additional support" -- and that you have an IEP. Ask them if there is a mediation service. Ask them to call the school and explain to the school what your son's rights are under IDEA. If this does not work, call an advocate.
And, your son is not about to be expelled. I'm not sure who's telling you that. If he has an IEP, he has to be suspended 10 times in one school year, and then there has to be an IEP meeting to address Manifest Determination (ie, was the cause of the suspensions due to his disability), and the team has to determine that the suspensions were not due to his disability.
SOunds to me like they are denying him FAPE.