Question:

HELP!!!

My 10 yr old son was recently put on pre expulsion from school due to his being suspended 3 times for playing with a zapper with his friends, shooting paper clips through a mechanical pencil, having a laser and shining it in class. He is facing expulsion and being sent to a special school where they send all their problem kids, unless we and our son sign a contract saying he will not commit any more "danger to other acts" for the rest of the year and if he does he will be expelled and that no other school in the district has to take him. 

I s it fair of the school to demand such a letter be signed?  He is ADHD diagnosed and on meds. I asked his psych if he thought he belonged at this school and he said it was absurd to demand such a contract and to send him to that school was not correct since he is not a child who has defiant behavioral issues, as do students at this school. I have just realized that the school has not even done I.E.P. testing on him and does nothing to help with his ADHD problem...thank you Gloria l

Answer:

Dear Gloria,

When families wonder if their child’s rights are not being adequately addressed, there are a number of resources available. Check out this website:

http://wrightslaw.com/info/add.index.htm. It is a wonderful compendium of the law relating to special education issues.

Next, I would visit http://www.chadd.org/. This site will lead you to additional resources about Attention Deficit Hyperactivity Disorder (ADHD).

Your next stop might be:

The BRAND NEW PENT WEBSITE!

www.pent.ca.gov

Among the many resources you will find at this site is a Behavior Support Plan (BSP) form and instructions in how a school team writes one. If your son receives special education or has a 504 Plan, he is entitled to the supports and services he needs to benefit from a free and appropriate education. A BSP might be one of those services. If he does not have an IEP or 504 plan, the school team can still create a BSP in keeping with the spirit of best practices.

The “contract” he is being asked to sign holds him accountable for behaviors he has not shown any ability to control so it is doomed to fail unless it is part of a BSP. This plan is an educational blue print that looks at the function of his behavior, denotes methods to teach him better ways to get his needs met, considers various environmental adjustments to avoid the need for this behavior, and reinforces him for progress. The “contract” concept could be one of the reactive strategies but it would need to allow him time to learn better behaviors. This BSP is the form we use in California but if you don’t live in CA, your state or district must have its own form.

The PENT web site also has links to other sites pertaining to Special Education law as well as other information that might relate to your son’s situation. This is a unique time because IDEA, the law that governs special education in this country, has just been reauthorized. It has some new provisions that will need to be interpreted. Professionals in the field will want to wait for clarification before taking action, particularly in areas affecting behavior.

This sounds like an urgent situation and a difficult time for you and your family. Take someone with you to your meetings. Take notes. Ask questions, but try to avoid taking a combative stance. Perhaps a teleconference with your son’s psychiatrist and the educational team would help them to understand him better and make them more willing to meet his needs. Your focus should be on getting him the supports he needs to learn better ways to get his needs met at school. Keep your eye on that goal!

Good luck.

Dru