Special Education/FAPE


Hello. My 10 year old son has had some aggression towards staff at school. Kicking, Hitting, yelling. He shuts down many times and will not communicate. He has several disabilities. ADHD Combined subtype, Mood Disorder, ODD, Anxiety and Social Pragmatic Disorder. He was placed in Special Ed full time as the school's director is concerned for the safety of staff/kids. He has not hurt any kids. He has a IEP and a BIP from his previous school. The current school has no data to show they have consistently been implementing his plans. He has been in Spec Ed since Sept 10th, and he has no reasonable access to his peers at lunch and/or recess as the Director will not allow it. What can I do? Is this a denial of FAPE? Civil Rights? By keeping him away from his peers they are making matters worse as they continue to socially isolate my son. Thank You for any help you can give to me.

What you need to do is get the data from the old school (why did you leave the old school?)  and present it in an IEP meeting to show that your son needs some interaction with other students in order to sustain a behavioral goal.  

It is a denial of FAPE but they have determinded that the least restrictive environment for him should be a full special day class and have determined that he is a risk to others.  You need to prove that he is not.

you may also want to get an advocate to help you with this case.  It seems to me he needs a one to one aide and inclusion rather than exclusion from all school and students.  His least restrictive environment sould be with a one to one aide and the shadowing of his behaviors to ensure he complies.  When after a short time and no incidents occure the aide can be reduced to ovservational status and then consultation only.

Please get the records of your son's past school, call for another IEP, get someone to help you with the legal side, if you can but most important push the LRE, that is mandated under the law.  

Good luck


Special Education

All Answers

Answers by Expert:

Ask Experts


Richard Taylor


I am able to answer most special education question. I can answer questions about IEP's, time lines, educational needs, special education problems with districts, teachers, other students. I can answer questions regarding proper programs and educational practices. I am comfortable answering a variety of questions in relation to, not only special education, but education in general.


I have experience in special education, general education, with specific experience with all forms of special needs, administration, parent concerns and student educational needs and programs.

I have a Masters in Special Education and an undergraduate degree in Business with a minor in Religious Studies.

Awards and Honors
Leadership awards from various organizations including my Alma Matter and schools.

©2016 About.com. All rights reserved.