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Special education
Asked over 2 years ago - Placerville, CA
my son was constantly getting suspended aug was 4 days then 1 then on thursday for 5 until i told the prencible i was going to be asking about if this was legal he told me that my son threatened a sub all the other students said no and about quising i know my son is no angel but there bring it on by segregating these kids that are in a special needs class there not aloud with other students in p e and they were going to do this at lunch my son also has an iep and he is in care class also brandon has add adhd and odd but he said it did'nt matter becouse your son needs to understand that;s the problem brandon has a hard time understanding
Attorney answers (1)
Your question raises three interrelated issues:
(1) The Individuals with Disabilities Education Act (IDEA) mandates that children should be educated in the least restrictive environment (LRE) that meets the child's needs. This means you have the right to ask that your child spend as much time as possible with his typically developing peers as long as your child receives an educational benefit. For example, your child may be able to attend music class, field trips and recess with students in general education, perhaps with the help of a one-on-one aid.
(2) You should also make sure that your son has goals related to social skills in his IEP. Perhaps the school could include him in a "Friendship Group," facilitated by the school counselor.
(3) Your child should also be given a functional behavioral assessment. Based on this assessment the school should put a behavior intervention plan in place to help prevent and respond to your child's inappropriate conduct.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
(1) The Individuals with Disabilities Education Act (IDEA) mandates that children should be educated in the least restrictive environment (LRE) that meets the child's needs. This means you have the right to ask that your child spend as much time as possible with his typically developing peers as long as your child receives an educational benefit. For example, your child may be able to attend music class, field trips and recess with students in general education, perhaps with the help of a one-on-one aid.
(2) You should also make sure that your son has goals related to social skills in his IEP. Perhaps the school could include him in a "Friendship Group," facilitated by the school counselor.
(3) Your child should also be given a functional behavioral assessment. Based on this assessment the school should put a behavior intervention plan in place to help prevent and respond to your child's inappropriate conduct.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
