Schools “safety procedures”

[Sassenach]

Can a school’s safety procedures interfere with a child’s special education rights ? Example, my son made “terroristic threats” on the second day of school. Two warning signs in the BIP were missed before this situation escalated. He has an IQ of 68, developmentally is 6-9 years old. Lots of diagnoses that the school is well aware of. Prior to school starting, I explained in great detail that my son had been unable to take ADHD meds since April due to stabilizing his mental health after 2 inpatient stays, plus he had a major concussion over the summer as well. My son was handcuffed and sent to a diversion center overnight and we had court recently where he has to follow a consent decree, and basically be perfect for six months and not have a disability. It’s so obvious he doesn’t comprehend things like the average 13 year old. In court the SRO that detained him and the AP he threatened, both snickered at my son’s questions and statements. After the six months, all charges are dissolved so long as there aren’t any issues. The MDR found his disabilities were the cause of his behavior but the school still wanted him punished. I questioned admin as to why this was allowed to happened and I was told it was due to the school’s safety procedures. I pushed more for answers. The sped director decided an administrative meeting with immediate supervisors was needed. That is to take place this week. 

[Carolyn Rowlett]

Boy, this is beyond my wheelhouse, so hopefully others will chime in.  But her are my thoughts as to the question in your first sentence - thoughts only.  Please know that this is not legal advice and that you should probably contact an attorney.

I can't imagine a scenario in which a child's right to special education would override safety protocol, which is in place for all students.  A school has to take threats seriously even IF they are a manifestation of a disability.  Also, some actions taken may be out of their control, such as what happens to him from a criminal standpoint.  Knowing what your son's rights are in terms of his disability in a criminal setting is something that should be discussed with an attorney.

HOWEVER, the school is still responsible for correct implementation of the BIP.  The fact that they missed warning signs should be immediately be addressed.  When you say the school "still wants him punished," I'm assuming you mean in the school setting.  I believe they would have that right up until he was suspended/removed from the educational environment for 10 cumulative days. If the MDR then found that his disabilities were the cause of his behavior, he could not be suspended beyond those 10 days and a new functional behavior assessment and BIP might be in order.

Again, not my wheelhouse and hopefully others will chime in.  Also, I highly suggest speaking with an attorney regarding the criminal proceedings and your son's rights in that area.