Should my 6 y.o son whom is disabled 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 law sounds like your child should be provided alternate instruction for the suspension-discipline procedures need to be specifically written into the 504 plan..

a child who is a danger to otehrs must be removed from the situation, but at the same time-when it is due to a disability--they need to have a plan in place to return the child to school quickly...

this may just help your case of needing an IEP.....

he may need something like a resource room where he has his own personal space (and a competant aide) to carry out th instruction for the time he is unable to be in the regualr class

he may need a smaller class where he is not in such close proximity to the otehr students are there are safe rooms he can be brought to before things escalate-

teh public school can either make changes--or give you the IEP and an alternative placement

Legally they can suspend him from school for up to 10 days without providing specialized services. After 10 days suspension they are considered placed at home - and must receive services at home.

They cannot expel a child who has a 504 plan or IEP or whatever it is called in your particular school district. They must continue to provide services - even if those services are provided at home, in another community, even out of state.

Suspension is temporary. Expulsion is permanent.

The school IS legally bound by the law to provide a safe environment for ALL students to learn and to socialize. The school also probably has an anti-bullying policy with punishment consequences in place. With these two facts, these were probably the reasons why the school suspended your child. You might need to consult an attorney since your child is considered to be Disabled.

If one child is continually disrupting the class or physically assaulting other students he has no business being there. Political correctness can go only so far before it becomes ridiculous.
EDIT: I'd like to add that I'd be suing you and the school if it had been my child kicked in the face (mom of five)

Yes. If he physically injures another child, he needs to be suspended. I don't think anything saying otherwise would hold up in court. As long as it's not for more than ten days and not expulsion, and as long as he doesn't stop recieving school services, they are within their rights.

He should not have been suspended but he should be changed to an educational setting that will address his needs better. The school is just covering their behinds in a law suit. Typical of today's society. My best wishes to you in a most difficult situation.

yes your child hurt another child and you must no that this is not tolerated under any circumstance mood disorder or not your child dose no right from wrong? and has to be punished .... would you be ok if it had bin the other way round i think not

Hmmmm, it's hard to say, but what sticks out the most to me is that another child was physically harmed.

they have a law suite for just mentioning a sue-do diagnose for him having mood behaviors doesn't mean he is bi-polar and if you can substantiate that claim then kick ***!

The school can basically do what they want even tho we feel it is unfair.

This is a difficult question to answer. Is it in the best interest of the child to allow him to not be punished for an act this is against school rules? Probably not. What level, mentally is the child? Perhaps a lesser degree of discipline could be instituted. It's not fair to the other children if your son is not punished, especially the child who got kicked. If your son is a danger to the other children something must be done. I understand that your son has a disability too. I remember when I wrecked my car due to passing out from an insulin reaction. It was totally due to my disability, however my license was still suspended for six months. I thought it was unfair, but looking back I understood it. Step back and re look at the situation. I hope everything works out.

In my experiences of being a non-profit worker, I was able to witness a boy who is your son's age.

His problem is the samething is your son. The boy's mother is a whore, his uncle doesn't care, dad is a divorcee, and his grandmother doesn't seem to work too much into his life. She said that spanking doesn't work even those I can't question how much was applied.

His problem is that when he get stir up, he want to throw a fist "just a for fun". In my book, fun only come when there is a self-controlled to stop. In this case, he won't stop throwing fist and I have to step in to restrain him. Because I am restraining him, I am protecting from him taking some girl or boy out. He knock out a girl's nose and the nose was bleeding lot of blood. Therefore, he was a "high profile" supervision because of the potential danger to himself and other.

Your son can have all the help and education assistant you wanted. It will not stop your son to become a future domestic violence abuser.

Locking him up in mental cell doesn't help either especially the boy that I told you about.

By the way, your son punching or kicking a girl is EXTREMELY offensive! I am sure her mother wouldn't want her daughter to bleed another pint of blood.

Update: Two thumb downs for raising a boy who can be a dangerous to society. I can see where this going. I hope you win my sympathy because I don't want him take another sucker punch at girl.

Short answer:

Yes.

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Long answer:

From what you have stated, your son has a 504 plan, not an Individualized Education Program plan.

A 504 plan spells out the modifications and accommodations that will be needed for these students to have an opportunity perform at the same level as their peers, and might include such things as wheelchair ramps, blood sugar monitoring, an extra set of textbooks, a peanut-free lunch environment, home instruction, or a tape recorder or keyboard for taking notes.

Children under Section 504 are still expected to follow the district's student code of conduct. However, when disciplining a child under Section 504, schools must consider the relationship between the disability and the misbehavior if the child is going to be removed from the regular setting for longer than 10 days. This does not mean that a student with a disability cannot be sent to a discipline center or that they cannot go to in-school suspension, or be suspended from school for three days.

Unfortunately, an assault is still an assault regardless of age or disability. The school policy has precedence.

Hopefully (for you and your child) the parents of the student your son assaulted will not press charges.