{ "media_type": "text", "post_content": "Situation : A sped student has an accomodation in their IEP to ride the SPED bus. However, the student and his brother have been refusing to get on the bus and get violent towards anybody trying to put them on the bus. They hit kick and spit on the driver and the assistant when getting strapped into the bus. According to the student handbook they should be suspended because of their actions.\nQuestion: should the students be suspended or does their legal accomodation supercede district policy.", "post_id": "602434fb228145002a81b705", "reply_count": 28, "vote_count": 3, "bowl_id": "5c903cf9d82a66001d25e34b", "bowl_name": "Special Education Teachers" }

Situation : A sped student has an accomodation in their IEP to ride the SPED bus. However, the student and his brother have been refusing to get on the bus and get violent towards anybody trying to put them on the bus. They hit kick and spit on the driver and the assistant when getting strapped into the bus. According to the student handbook they should be suspended because of their actions. Question: should the students be suspended or does their legal accomodation supercede district policy.

likehelpful
Posting as :
works at
You are currently posting as works at

I think if the behavior is directly because of their disability they can't be suspended but if it isn't they can be. I don't know the entire situation but this seems like a great way for them to avoid school and a suspension may only reinforce the behavior. This sounds VERY tough! Good luck with however this plays out for you! Sending good vibes!

like

They do not have a behavior ruling according to their teacher. They are not my students. I am just trying to help the teacher figure out the best way to handle the situation. The students have gotten so violent on the bus that one driver has quit and the replacement is threatening to quit. The students are in first grade and kindergarten

like

Sounds like the IEP NEEDS to be rewritten they may need a bus para to provide bus service... where’s the safe environment?

like

There is a para on the bus. She has threatened to quit as well. Both students both currently have an incomplete IEP that are being rewritten by consultants from an outside group. Its a hot mess.

In Illinois you can have a Manifestation Determination to decide if the behavior is a manifestation of their disability. If the disability caused the behavior then no you can’t suspend them from the bus. If it didn’t cause the behavior then you can. However, very few times have I ever had them determine it wasn’t because of their disability. Like yes this kid threw a chair at their teacher because they are LD. 🤷🏻‍♀️

like

In Missouri you would have to have a manifestation determination. That is a ton of paperwork. I know this isn’t ideal but maybe have one person pick the students up so they are not on the bus. We have had to do that before for a student.

This is where a “manifestation determination” hearing/meeting will take place. During which, the members will determine whether the actions are a result (or manifestation) of their disability.

like

If the behavior is part of their disability, then you can suspend them from that particular bus. However, you would still have to provide for some type of transportation. We had some students that were behaving similarly from what it sounds like. We had a district van pick them up with adult support in addition to the driver.

like

It will be reviewed if the action of the student is related to their disabilities. If it is, they cannot be suspended without the proper notice and meeting. If not related, then they should go with the treatment in the student handbook, but will be treated as student with disabilities with the like situation and circumstances. Parents and school admin must deal with the issue and not the bus driver and other school staff.

like

Oh my goodness, that’s illegal to suspend the child. That’s why they’re in special education. They have behavioral differences. I had this problem two years ago and we got an aide to go to students home and help get him on the bus. It eventually worked.

like

I believe that their IEP overrides and their accommodations mandate, they may continue unless there has been a serious injury to the student or to staff.

like

You just need to have a meeting with parent. If there’s some other way, do that. But, suspending students because (root reason) they won’t ride a bus seems nonsensical.

Do they do it in any other settings? Would the parents be willing to transport if district reimbursed gas money? Is there a van available to transport? Has an fba been completed specific to the bus?

Why is the IEP incomplete? Also if they were placed in a more restrictive environment due to behavior before an FBA was completed then your district has opened themselves to a whole heep of trouble. Complete an FBA asap and whatever you need to complete to finish the iep. A student should never be placed in a more restrictive environment until all options in the gen ed classroom have been exhausted. They certainly shouldn't be put in sped at all unless they have a finished iep and have been formally identified to have a disability that impacts their education.

like

MY DISTRICT WOULD SUSPEND THEM AND HOLD AN IEP - WE CAN'T ACCOMMODATE IF THEY ARE NOT ON THE BUS. THE ACCOMMODATION IS THERE AND THAT'S NOT THE PROBLEM - THEIR BEHAVIOR IS.

This is a question best answered by a lawyer. Your school system needs to consult the attorney for this answer. Also, it would be wise to find out why these students are so against a sped bus and it looks like an IEP mtg is necessary. What are the parents saying? Why do they need to ride sped bus to begin with?

They are riding the sped bus due to the fact the parent is unable to bring them due to the students behavior toward the parent. She originally brought them to school herself but they would fight her and tear up the door when she tries to bring them in. And their original ruling prior to this district had them on the sped bus due to poor behavior on the gen ed bus.

The team might want to consider a more restrictive environment , like residential or home/hospital . The bus staff should also be CPI trained so that they aren’t injured.

Sped students cannot be suspended if the nature of their disability affects their behavior.

My understanding is that a sped student is treated as a Gen Ed student for the first 10 days of out of school suspension. After that the manifestation process begins. Thats the guidelines our school follows. Most of the time the students are ruled DD or ID so its unlikely their disability is a reason for their behavior. Hasn't happened yet anyway.

Manifestation Determination

An IEP is for educational planning. Why did the district allow this in an iep?

Depending on how the IEP is written. Star seat or parents transport to school is an option

Related Posts

My dad works for the state and he currently has 7 months of accrued vacation and 10 months of sick time....we’re doing it wrong guys

likefunnysmart

Sitting in the middle seat. Guy on my left is significantly obese, probably a medical condition. Guy on right, his email signature says Weight Watchers. I want to introduce them to each other.

like

My SO just called on business trip overseas, crying as she's desperately ill. Fucking heartbreaking & feel helpless. Please - send her your vibes!

like

Can anybody suggest any books or resources to get smart on medical device marketing and/or medical device manufacturing?

like

Lots of people sick in the office the past couple of weeks. Quick poll. Did you get the flu shot this year and then get the flu?

like

Trying to choose between consulting or working for a medical device company! Any thoughts?

like

2nd tri. Anyone else order two dishes at restaurants because the things you loved eating pre-pregnancy now have 50-50 chance of making you sick?

like

I like working from home mostly because I hate commute but sick of same 4 walls. Go to Starbucks on occasion. Where are u guys working from when office too far but need to get out of house for a while?

like

Any parents worried about going home and getting their little ones sick?

like

That time when all your kids are sick, you are in between homes and you get laid off. Should have gone down another road when that black cat crossed my path last month.

like

Is Harvard’s discrimination against Asians limited to their business school? For instance, do they do the same in medical school?

like

Don't you love it when you work for a sick firm and then you find out that Jon Snow dies AGAIN in season 7. Btw spoiler alert! But shit man. Read the books, he dies again for good. Work sucks. Ahhhhh

like

My salary is 92,000 paid bi-weekly, and paycheck deductions amount to 31.7%. 6% is 401k and about 1.4% is medical/dental/vision leaving 24.3% tax rate between state (NJ) and federal. Does this sound right or too high? I don’t claim any exemptions on my w4

like

1 paycheck is spent on rent, the other is spent on loans. 2 years out of grad school, 3.5 years in consulting, make $75K/year. I have a savings ($5K) but I'm sick of this paycheck to paycheck life.

like

What is “EE disability tax”

like

Ladies - any recommendations for a place to get laser hair removal in NYC? Thinking about getting it done for my lower legs since I'm sick of shaving constantly and nothing seems to work.

like

Rectruiter from apple reached out after i uodated linkedin to senior consultant. Is this normal? i mean ill go for it no matter what just wanting to see if they just send out a ton of messages

I did the medical exam for my GC last week. It turns out I tested positive for Tuberculosis. Has anyone else gone through this? How does it impact your Greencard application?

like

Thanks giving and sick with stomach issues. Sad I'm going to miss out on all the food!

like

Just find out I am second chairing a trial for a case I know nothing about that starts in about 3 weeks. Where do I even begin to get familiar with the case?! Disability discrimination case. Help!!!!

like

Additional Posts

Is there anyway I could solicit client feedback as a review directly into the internal systems? excellent relationship and have multiple appreciation mails. Q specific to EY.

like

Director of Business Development at KPMG. What should I expect in terms of compensation?

like

Hi, any recommendations for family vacation which is less than 10-12 hours drive from Dallas?

like

"hey does the client want to see full campaigns and executions or —"

Post Photo
likefunny

How well do your coworkers know you? My gf low-key hates that I never talk about her at work and keep my personal life guarded. In contrast, my gf (who doesn't work in law) spends time socially with her coworkers outside of work and they talk to each other about their personal lives. I think socializing makes it harder to do my job - less time spent billing, harder to keep good boundaries, etc.

likesmart

The added pressure of navigating the application/testing process along with general concerns about COVID have been a lot to handle lately. How have you all been dealing with this and managing anxiety?

like

Company got acquired by Accenture. What can I expect WLB/ Compensation for 2YOE UKG products/consulting.

like

How’s EYP deal tech culture, WLB, exit ops ! A friend talked about referring me, I see EYP is growing and hiring a lot of people ! Just curious to see what EYP fishes have to say about this mass hire ! Do you think EYP will turn into a sweatshop ?

likefunny

I need help, ladies! Just found out I have to roll off my team junior ASAP due to scope change. She is great and did nothing wrong, but lacks the financial modeling skills we now need. Contd

like

Despite all the negativity about how “bad” is handling COVID, we are actually crushing it compared to most of our developed-country peers.

Post Photo
like

My dad works for the state and he currently has 7 months of accrued vacation and 10 months of sick time....we’re doing it wrong guys

likefunnysmart

Best Hilton proprerites in Omaha, NE?

like

Have any of you quit to take a break - 3 month or a 6 month sabbatical to pursue other interests or just to clear your head and figure out what’s next. How easy was it to find a job after the break and how did you manage your health insurance? Any other things to keep in mind when considering a sabbatical beyond money?

likehelpful

How's the culture at Accenture Applied Intelligence?

like

I’ve cleared two technical rounds with Walmart labs Bangalore. The HM round has been rescheduled thrice and now cancelled ,HR said the Panel is not available and she will schedule the interview once Panel is available. Is this normal or just an excuse since the position might already be filled ??

Does Accenture taking COVID proof isn't discriminating the folks who haven't taken vaccine for health or religious concern?

funnylikeuplifting

Are there any workarounds for a non signatory agency to have a SAG celebrity VO on a non-union television spot? I’ve heard some people shoot OCP’s off shore then hire a union VO but I’ve always been wary of that. Having a hard time getting a straight answer so please weigh in with your hive knowledge! TIA

like

Received an offer to join Facebook as a data scientist. Given the litigation (that just ended) with the PERM issues, is it worth accepting the offer? In 5th year of H1B, approved PERM and i140 with current employer. Priority date in March 2020. Can anyone share any insight/advice?

like

New to Fishbowl?

Download the Fishbowl app to
unlock all discussions on Fishbowl.
Download Fishbowl to see what others are saying
That was just a preview…
Sign Up to see all discussions
  • Discover what it’s like to work at companies from real professionals
  • Get candid advice from people in your field in a safe space
  • Chat and network with other professionals in your field
Sign up in seconds to unlock all discussions on Fishbowl.

Already a user?
Login here

Share

Embed this post

Copy and paste embed code on your site

Preview

Download the Fishbowl app

Get realtime notifications and see
what's happening in your industry
from the palm of your hand.

For account settings, visit Fishbowl on Desktop Browser or

General

Legal