Expert: Tim Runner - 12/12/2009

Question
I have a 10 yr old son with autism. He currently has an IEP in place and last year we added a Behavioral Intervention Plan for spitting. The problem is that for the last 2 months he has been disruptive in the classroom including being distracted and not wanting to complete his classwork. The BIP was written only concerning his spitting and states nothing about his classroom behavior. He has not had any further incidents concerning spitting since last year. After attempting to control him in class and having no success, the teacher sends him to the Asst. Principal's office for her to deal with him. I constantly receive "pink slips" from her about his behavior. He has already been suspended twice this year. There has not been any meetings called about his IEP since last spring. Shouldn't this new behavior warrant a new IEP meeting to address his classroom behavior and update his BIP? Please advise any information or steps you think I should take. Thanks.

Answer
You do need to ask that the BIP be updated for the new behaviors. You should make this request in writing to his case carrier or the assistant principal. Include a list of the behaviors and the suspensions as well as the frequent trips to the office. You should also request an IEP when the revised BIP is complete. You have the right to call for an IEP at any time. The school's current behavior control plan is not working, as evidenced by his frequent trips of the vice principal and his suspensions. Concerning suspensions, a student on an IEP can not be suspended for more than a total of 10 days in a school year without holding a Manifestation Hearing. At this hearing a determination will be made of whether the student's behavior was a manifestation of his disability. It would be very hard to show that his Autism was not the source of his behavior problems.

Tim Jon Runner
Advocate
Advocate 4 Kids
email: timrunner@cox.net
website: www.special-education-answers.com