Should my 6 y.o disabled son on a 504 plan have been suspended?

I came across this on a Massachusetts Disability Law Center website:

Can my disabled child be suspended or expelled?
An expulsion or a suspension for more than 10 days is considered a "change in placement" for which the IDEA provides increased protection. If the misconduct that led to the disciplinary action was a "manifestation" of the child's disability, the school district may not be able to suspend or expel the child at all. Even if a disabled student is suspended or expelled, they are still entitled to school services.

My son whom is six years old in kindergarten is diagnosed with a mood disorder. It is considered disabiling because he receives SSI for it. He has a 504 plan at school which includes a Behavioral Intervention Plan, 1:1 aid, social skills group, and school counselling. He got suspended today for kicking a girl in the face and making her gums bleed. I know that this is a direct result of his disability... his mood disorder that cycles rapidly, causes high levels of anxiety, impulsivity, and agression. They believe he is bipolar. I am wondering if according to this information the school was legally supposed to suspend him?

The school does have a right to suspend any student who has been physically violent to another student, teacher or aide. Children with disabilities have to learn that hitting, kicking etc is NOT appropriate, regardless of the disability they have.

I understand you frustration and I would speak with the school and your sons coordinator of his IEP/IDEA & counselor about the rules and regulations. I would even go as far as organizing a meeting with teachers, teachers aide, counselor etc, on how to prevent this sort of thing happening again.

Also does the school teachers and aide know of the signs that your son is becoming angry etc, so they can remove him from the situation before he acts out. Signs of building anger, is yelling, crying, shaking, biting, grunting, not wanting to do what is asked, even isolating themselves from others. Knowing these signs can help heaps in managing behavioural issues.

504 vs IDEA http://www.wrightslaw.com/advoc/articles...

Yes, they can suspend him. Physically hurting another child opens the door to a lot of problems. If they did not take some sort of action, the child's parents may be able to sue you or the school. Surely at his young age, he isn't suspended for too many days. I know it's hard on you, but the school really does have to take action. I would suggest seeing your doctor and doing further tests and catch any problems (bipolar) now while he's so young. Be very careful, this is a very touchy situation for all sides. Make sure to read the school handbook, also.

kicking someone due to a disability does not need to be addressed teh same ways as not due to a disabiity

I worked in a school for children with autism-

i got kicked (and severely bruised) scartched and bleeding--one teacher had her leg broken--

the students are removed to another area while they are an immediate threat--they are not suspended-

for continuous problems -an alternative plan/placement is put into place--

ifit is not safe for tehchild to be in school-they are not suspended-they are placed on home instruction

I'd have to agree with the school. If your son cannot control his reactions (please don't use the disability as an excuse) then it might be time to put him in a special program that can deal with his issues. Think about it. If your daughter was kicked in the face by some unruly child would you honestly think that the attacker should go unpunished? It's time that you enroll him in a program that can help him get a handle on himself. When he's a teenager there might be worse repercussions (like jail) if he cannot control his emotions. The law does not look kindly on those who are out of line even if they have mood disabilities.

The operative issue here is 504 plan - 504 plan is modifications and supports it is a Regular Education Program that is administered by the Office of Civil Rights NOT a Special Education Program.

As such it does NOT offer the same protections and process as IDEA which is Special Education Process or an IEP. If he is significantly impaired with aggression, anxiety and bipolar it is likely he should be on an IEP which would define a category of service based on his disability and his educational needs.

Since he does not have an identified disability according to the Special Education Rules established under IDEA his actions cannot be a manifestation of his disability if he has no evaluated and identified disability.

Even if he did have an IEP - other students have a right to be safe as well and he has not yet been suspended for the requisite number of days to hold a manifest determination meeting. That kind of meeting may suggest an alternate placement or more restrictive setting or home-bound instruction or in school suspension.

Let's worry a little less about making excuses on why your child should not be suspended - and work with school and medical professionals to help your son with supports, therapies, medications etc. If you do not address these issues now it will be almost impossible later.

The school has to balance out the right of your son to recieve reasonable accomodations in his 504 plan with other kindergartners right to always be safe in that very same classroom.

Kicking somebody, let alone hard enough to produce bleeding, could never qualify as a 'reasonable accomodation' at any age. There is no right to physically hurt other people just because we are people with disabilities.

Such an attempt would open the teacher and school..etc up to a lawsuit by the affected family.

1. Realize that your child was WRONG.
2. Do you medicate him?
3. How many days was he suspended for?
4. He is in K and where I live kids don;t have to legally start them in school until the 1st grade so they can legally hold him out until 1st grade.
5. Talk to your special education teacher or 504 coordinator