Legal trouble, school incident

[Sassenach]

My child has an intellectual disability (iq is 70), anxiety/depression, ADHD, developmental trauma, DMDD, recent TBI, possible FASD (he’s adopted so we have no info on bio family). He’s had an IEP since 3rd grade, BIP since 6th and is currently in 8th grade. He’s always had behavior concerns and medication has been helpful. Unfortunately he’s unable to take ADHD meds at the time due to stabilizing his emotions and mental health. He’s done two inpatient treatments in the past four month for suicidal ideation and suicide attempt. He had a major concussion and had to be life flighted to a level one trauma center due to an accident two months ago and his behaviors have become worse. The school is aware of the accident and inpatient treatments and his inability to take ADHD medication at the time. I always email to keep them aware of his behaviors, med changes, appointments etc. He sees a psychiatrist, psychologist, a counselor and I brought him a neurodevelopment exposure clinic to see a group of specialists. He’s had two rounds of genetic testing and he’s seen a pediatric neurologist who ordered an MRI of his brain (prior to the concussion). His psychologist and the specialists we saw at the neurodevelopment clinic all reported he’s easily triggered by school work that’s too difficult for him to complete. He shuts down. He elopes. He is also the kid that others pick on and agitate bc they think it’s funny for him to get mad, use profanity, break his glasses, etc. He blows up and shuts down or leaves the room. His fight/flight response is definitely there. He’s commented he is the one that gets in trouble at school but other kids get away the things they do to him.  Due to his cognitive disability, impulsiveness and DMDD, he is unable to draw on the appropriate response or coping skills in the moment. He can later see what he did wasn’t appropriate and he can tell us what he should’ve done instead but in the moment, he is not able. The school is aware of this as well. On the second day of school there was an incident at school where he became very angry at another student that had put his hands on my son. He made inappropriate threats against the other student and once he got called into the office, he continued threatening others, tearing up the principal’s office. He’s never done this before. The SRO placed him in handcuffs and he was sent to juvenile court, and then sent to the diversion center (aka juvenile jail) overnight. He was released back to us the following day and we have a court date next month. The school has scheduled a manifestation determination hearing next week and a due process hearing that will depend on what is found at the MDH. I’m confused about what to expect at the DPH since we did not request it. I have tons of evidence from every medical professional he’s seen, emails to staff and admin, attorney’s letter from when the school was in non-compliance of his IEP two years ago, his BIP which outlines warning behaviors that he displayed that day and were missed, letters where I’ve requested a paraprofessional several times, letters where I’ve asked to change his exceptionality from SLD to ID, etc. This whole ordeal has been beyond traumatizing for a child that has already experienced developmental trauma, a child who’s intellectual disability and emotional age have him functioning around age 7-8, actual age is 13. 

For reference, we don’t see a lot of these behaviors at home bc we can easily deescalate him, we guide him as best we can when he’s frustrated, and we don’t do things to intentionally agitate him. 
 

When the school calls a due process hearing due to placements (expelled, suspended ?) what should I expect? I realize most of it is hinged on what is decided at the MDH. 

[Carolyn Rowlett]

I don't understand this "scheduling" or "calling for" a due process hearing.  Did you receive any paperwork on this?  The paperwork should explain why the school district is filing for due process, give you a deadline for your response, etc.  It sounds like you've had an attorney before.  I would consult with him/her on this matter.

[Sassenach]

We did receive a letter that states the hearing is due to breach of code or conduct and he’s been suspended - threatening others and staff, disrupting school environment. I’m assuming depending on what happens at the MDH will determine what happens with the DPH - expulsion, further suspension (he’s not been in school for 11 days already due to the meetings being pushed back twice), alternative school 

[Carolyn Rowlett]

This doesn't sound like a due process hearing in the realm of special education.  Who was the letter from?

[JSD24]

So the school decided to ignore the BIP and things spiraled out of control.  That's what I'm getting from your post.  He needed the support that's written into his IEP & the school failed to provide it.  Not sure why they are taking you to Due Process over their non-compliance with his IEP.

On top of that, they decided to further traumatise him by cuffing him and having him spend the night in a detention center.

My guess is the school is looking only at what your child did and following school board policy - 'you hit a classmate and destroyed school property and you're expelled' is probably what the policy says.  What they aren't looking at is the non-compliance with the IEP and the lack of support they were supposed to provide that led up to this happening.

I'm thinking you want to bring an attorney with you to this hearing.  They aren't going to listen to your side of things without one.

I could say more about how this school allows classmates to bully (it's bullying because it's repeated) your child.  They shouldn't allow this to be happening - pretty sure there's a federal regulation about bullying in schools not being allowed.  I'm thinking this might not be the right placement for your child.  If the bullying  happened with the school following the BIP, the BIP might not be FAPE.  This is something to also bring to the attorney's attention.

Sorry to hear that the school messed up and you now need to deal with this.