Expert: Joyce A. Anthony - 3/2/2008

Question
QUESTION: my child has a 504 plan at school,but every time she has a problem,
the principle writes her up or suspends her,does not care that she is bipolar she can't have outbursts in school
has she got any rigths

ANSWER: Hi Stephen:

What rights your daughter has according to law depends on a couple of factors.  Is she also in an ES (emotional support) classroom?  If her status at the school has her listed as Special Education, they are only allowed to suspend her three times during the year.  If her outbursts include violence, schools refuse to allow for emotional disorders.  This is one thing as parents we need to work to get changed.

My suggestion would be to contact the school district headquarters in your city and ask for a meeting with the principal, superintendant and parent advocate.  Most school districts have a parent advocate to help with things like this.  Unfortunately, many schools do all they can to make it extra hard on children with emotional issues.  Ask for the meeting in writing and go prepared with as much evidence and as detailed notes as possible.

You are her biggest advocate, Stephen.  Don't let any of the "officials' try to intimidate you.  Your daughter deserves an education.  
         Joyce A. Anthony

---------- FOLLOW-UP ----------

QUESTION: On Friday, she was sitting in the bleachers, and a boy walked up to her and hit her in the head with a ball.  She got upset, yelled at the boy, yelled at the Teacher and got suspended for 7 days.  We have a meeting with the School Board on Monday to let them know we don't agree with this punishment.  Any advice on how to handle the meeting?

Answer
Stephen:  As soon as you get there, ask about the availability of a parent advocate.  If one isn't available, you'll have to go it alone.

Point out what happened to cause the outburst.  Mention the fact that it is never the instigator that gets caught, it's always the victim who has every right to defend herself.  Make sure you find out if the other child also got suspended.  If not, insist on them explaining why.  

Proceed to let them know that they have a legal responsibility to keep your child safe from bullying, especially now that they can't say they are not aware of it.  Ask them if they are willing to find an alternative schooling method (home tutor) to ensure your daughter is getting her education.  Make sure they know it is the law that, if they refuse her attendance at school, they need to cover the cost of alternative education.

Finally, ask for a review of her IEP.  In the new one, make sure there is mention of an alternative to suspension, such as a chance to work in another area until she has calmed down.

Make sure you have her diagnostic paperwork with you.  Prepare a list in advance of what your daughter requires for a safe and productive day--and insist she gets it.  You have the la on your side here, although they will tell you they don't have the resources.  If that is the case, let them know they are responsible for the expense of you finding and providing such.

If you do not at this point see them working with you, ask for the state education board contact information.  Most likely, you will get the results you need.  If not, contact me again and I'll walk you through what your next options are.
         Joyce A. Anthony