Information about special needs children and the law

[Guest guest]

This is for everyone who might have legal problems with the school:

I spent all day yesterday researching case law about what to do when

our children have been criminalized for their behaviors related to

their disability. I did extensive research on different sites

including s law. For those who have been following my issues

with my son, you kind of know the situation, but for those who

haven't: If your child is given a ticket for behaviors related to

his/her disability, make sure you know that your child's rights may

have been violated. From what I have gathered, calling the police or

reporting the incident as a crime when not in an " emergency

situation " instead of having a manifestation hearing, clearly denies

your child their rights under the IDEA. The schools are spending way

too much time sending our children to court instead of dealing with

the issues at hand- which is their failure to implement a workable

BIP or IEP. Assault charges must clearly show an " intent " - how many

of our kids intentionally " hurt " someone? We need to make some

changes in how our laws work with the school. Prior to this incident,

I listened to the " experts " at school tell me how things are supposed

to be, but I urge all parents not to do that. Make sure you research

or ask for help from other parents who have been through this. I

thank God that I found this website group, and all the help you guys

have given me. I was at wits end, in tears, trying to figure out what

to do next- and you all have given me support and advice, and now I

take a new breath every day preparing for the battle I must face for

my son. Thank you.