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.

[JSD24]

This reminds me of a situation that happened a few years ago to someone I know.  Her child has Downs Syndrome and didn't want to do a worksheet - this was kindergarten.  The child shaped their hand 'inappropriately' and while pointing a finger at the teacher said 'I sh**t you'.  This was viewed as a terroristic threat so the school followed district policy.  Well, the police got called with how the policy said things had to be done.  Their policy was that if there was an incident like this, they needed to have a police officer on the team.  And if the police are involved, they make a record of it.  The parents were livid that this caused their child to have a record with their local police at age 5.  (Your situation is this one times 50.)

The school's assessment (MDR) showed that what played out was a manifestation of your child's disability - that's what you wrote.  And they want to punish him for this?  (I want to see the research/evidenced based study that was done showing this works.  What they do in schools should be research/evidenced based.  I've looked and I'm not aware you can punish the disability out of anyone.)  They didn't follow the BIP, things escalated, and he ended up in handcuffs and detained overnight.  Have you filed a complaint with your state dept of ed that the school didn't follow the BIP (which I assume is part of his IEP) and this is how it played out?

I'm hoping that the administrators attending the administrative meeting with immediate supervisors have more sense and knowledge of special ed and child pedagogy that they put the SRO & AP in their place.  If it doesn't play out like that, you're going to need an attorney.  Not sure if you need a criminal lawyer or a special ed lawyer - I'm thinking you need someone with experience in both these areas.

Diversion is a great option.  With other cases involving diversion, I've seen kids need to stay out of trouble until age 18 or 21 so 6 months seems fair (not sure they took your child's disability into account when they decided this because it sounds like he doesn't have the capacity to understand what he did was wrong).  What I feel is needed are changes to the IEP where if he does make an unfounded threat, they don't get the SRO and court involved (because it sounds like he doesn't have the capacity to regulate what he says when escalated).  I could see SDI put into his IEP to teach him to say something else when he's escalated and his BIP isn't being followed - but, on the other hand, they really need to follow the BIP/IEP since it should work to prevent this happening again.

The state complaint should be something you can do on your own - you shouldn't need a lawyer to help you.  If you do need help, every state has a parent group that can assist you with things like this.  Not sure where you're located or I'd post the link.  They are also someone to reach out to with this situation.

[Sassenach]

7 hours ago, Carolyn Rowlett said:

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.

Thank you for your response. I understand schools need to take threats seriously but think better judgement should have been used and the BIP should have been followed. I have consulted with an attorney who exclusively represents special education families and am awaiting a response to an email I recently sent. 

[Sassenach]

42 minutes ago, JSD24 said:

This reminds me of a situation that happened a few years ago to someone I know.  Her child has Downs Syndrome and didn't want to do a worksheet - this was kindergarten.  The child shaped their hand 'inappropriately' and while pointing a finger at the teacher said 'I sh**t you'.  This was viewed as a terroristic threat so the school followed district policy.  Well, the police got called with how the policy said things had to be done.  Their policy was that if there was an incident like this, they needed to have a police officer on the team.  And if the police are involved, they make a record of it.  The parents were livid that this caused their child to have a record with their local police at age 5.  (Your situation is this one times 50.)

The school's assessment (MDR) showed that what played out was a manifestation of your child's disability - that's what you wrote.  And they want to punish him for this?  (I want to see the research/evidenced based study that was done showing this works.  What they do in schools should be research/evidenced based.  I've looked and I'm not aware you can punish the disability out of anyone.)  They didn't follow the BIP, things escalated, and he ended up in handcuffs and detained overnight.  Have you filed a complaint with your state dept of ed that the school didn't follow the BIP (which I assume is part of his IEP) and this is how it played out?

I'm hoping that the administrators attending the administrative meeting with immediate supervisors have more sense and knowledge of special ed and child pedagogy that they put the SRO & AP in their place.  If it doesn't play out like that, you're going to need an attorney.  Not sure if you need a criminal lawyer or a special ed lawyer - I'm thinking you need someone with experience in both these areas.

Diversion is a great option.  With other cases involving diversion, I've seen kids need to stay out of trouble until age 18 or 21 so 6 months seems fair (not sure they took your child's disability into account when they decided this because it sounds like he doesn't have the capacity to understand what he did was wrong).  What I feel is needed are changes to the IEP where if he does make an unfounded threat, they don't get the SRO and court involved (because it sounds like he doesn't have the capacity to regulate what he says when escalated).  I could see SDI put into his IEP to teach him to say something else when he's escalated and his BIP isn't being followed - but, on the other hand, they really need to follow the BIP/IEP since it should work to prevent this happening again.

The state complaint should be something you can do on your own - you shouldn't need a lawyer to help you.  If you do need help, every state has a parent group that can assist you with things like this.  Not sure where you're located or I'd post the link.  They are also someone to reach out to with this situation.

Thanks for your reply. Lots of good info there! I did ask the principal that if my son has down syndrome or severe autism, would he have received the same treatment and he said No. The school definitely did not implement the BIP - and yes, it is part of his IEP. I am currently consulting with a sped attorney. The DA was well aware of my son’s multiple disabilities but wasn’t interested in seeing the nine page threat assessment outlining he was (and is not) a threat. He also refused to look at the MDH. We accepted the consent decree bc the other option would not have been positive for him. I have a long list of things I want to do the the IEP and BIP - to include times when he’s “interrogated”. I’ve asked in the past bc I was afraid something like this would happen. My concerns were brushed off - twice. I have not ruled out a state complaint. I’m waiting to see what happens next. Thank you again!