School conduct regarding disipline

I have a 9 year old son who attends an alternative school for the disabled. As a form of punishment,often the school will make him do make up work and not allow him to eat breakfast. They also withhold his lunch from him on a daily basis until 2p.m. They give him 5 minutes to eat and then put him on the bus home. He is also placed in a bare concrete blocked room with a chair in the middle of it,as a form of time out. He has been kept in there for as much as 3 to 4 hours at a time. He has an IEP, but the school as of yet hasn't followed many of the recommendations of their own specialists. My question is, is this legal? And what are my options?
Additional information
I forgot to add that he has M.D. and ADHD.
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Answers (2)

Sholeh Iravantchi

Sholeh Iravantchi

Contributor Level 3
First of all, "IEP" is the most important tool you have as a parent. In the IEP there must be concrete and clear goals written which specifically targets the particular behavior. The behavioral plan is designed to eliminate undesirable behavior, thus these goals and objectives are essential for a child with special needs. If the behavioral plan is appropriate then there is no need for any kind of punishment. In fact what you have described is totally at odd with any methods that needs to be applied to any behavioral plan for children with disability. For the upcoming IEP you need to request a "Functional & Behavioral analysis. This will be done by a psychologist or equivalent and will assess the areas that needs to be targeted.

If it appears to you that they are not following though with "IEP" instructions, you may need to consult with an attorney. Overall, what you have described, not only will increase his bad behavior but also will impede his learning. Most children with special needs always show positive changes when "ABA" and other positive behavioral strategies is part of their IEP plan.
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Lana Lea Traynor

Lana Lea Traynor

Contributor Level 4
While I am not licensed to practice law in your state (and cannot give legal advice to a non-client), your scenario raises many, many issues for me. First, what is his diagnosis (or diagnoses)? It could very well be that, by the very nature of his special education needs, the district's actions are "triggers" or "antecedents" for your child. Second, withholding food as a form of punishment, in most states, is illegal. Look to your state's particular laws for the answer to that questions. (Also, consider contacting an advocacy group in your state who may be able to offer some assistance on your son's case. This scenario certainly raises issues that an advocacy group may be interested in, such as withholding food, placing him in a bar, concrete-blocked room.) Third, if your child is placed in a bare, concrete-blocked room for 3 to 4 hours at a time, what sort of written plan does the district have in place that outlines the guidelines for this sort of isolation? How is this isolation being monitored? How/when does the district inform you of these isolation events?

In a nutshell, I would contact an education attorney or local advocacy organization. Explain, in the same level of detail as above, what is going on with your son. Stick to the the facts re: date, length of time in suspension room, how often food is withheld from him, etc. (Make yourself written notes before you make that first call. It will help you convey important, relevant and key facts to the person you are contacting.) And, don't settle for the above treatment. You are your son's voice. He's in an alternative school, which tells me that he wasn't successful in a mainstream school. Good luck.

Lana Traynor
www.traynorlawfirm.com
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