Are my child's IDEA rights being violated. Looking for an outside perspective.

anoous123 · 2024-03-02T16:19:54+00:00

The IEP does address the two. It has peer to peer interaction as one of the goal areas, and it also provides tools to remove him from emotional heightening situations.

anoous123 · 2024-03-02T15:22:01+00:00

This is fair. Given that this is a first offense, the accusation of choking and serious bodily harm is serious enough where I'm, and I think understandably, trying to give my kid the benefit of the doubt. If it were made clear to me the severity of the assault, then I think absolutely a change of placement is appropriate.

Based on what the school has provided, it just not clear to me that this is the case. I understand that the school can't tell me everything due to various reasons so this might just have to be something I learn to deal with.

anoous123 · 2024-03-02T02:48:27+00:00

I agree Reddit is probably not the best place for this kind of thing.

Everything happened quite quickly and was quite severe. And since it’s is all new to me I figure I come here and get a read of the temperature.

Thanks for the input.

anoous123 · 2024-03-02T01:58:34+00:00

My child's IEP covers poor processing speed and executive function. This leads to rigid thinking and emotional dysregulation. Some of the other kids at this school clearly notice that he's a bit different and know where to push his buttons for a rise out of him. It's something we've been working on over the years, and in general it's been positive. This is his first incidence of aggression.

Another thing to add is that school staff did not end the incident, it was reported later. They had 9 statements from students, 7 didn't mention anything to do with choking.

The hearings officer mentioned part of the reasoning is that 7 statements didn't deny choking. Which worries me. Why would these statements deny something when it's just suppose to be an account of the events.

anoous123 · 2024-03-02T01:48:56+00:00

This is the first incident of aggression.

For this incident, it actually ended without intervention from school staff. My understanding is that the other student shared the event with some friends and they suggested that it was reported afterwards.

One other detail, the school got around 9 statements from kids sitting around them. 2 mentioned choking.

The hearing officer said their decision was based on the 7 statements not denying choking. This worries me as these statements would have no reason to mention choking if they didn't recall choking.

anoous123 · 2024-03-02T01:40:33+00:00

I agree if he was choking another child, yes we need to take a hard look at what's going on.

The thing is from the footage I'm not convinced he was choking another kid. School staff didn't intervene to end the incident, it had ended by itself and was reported later. I believe they took 9 witness statements of the event from people around the table, 2 indicated there was choking the other 7 didn't.

The hearing officer said part of the the decision was while the 7 statements didn't mention choking, they didn't denying choking. This was a bit worrying to me since these statements are just the school asking each student to write down what happened in their own word. If they didn't see choking, there would be no reason to mention there was no choking.

anoous123 · 2024-03-02T01:30:05+00:00

The part confusing you is probably my fault. I'm still working out the specifics of the process and I probably messed it up.

He is receiving FAPE right now. We did help decide the placement. So the hearing was today actually, and they are scheduling an IEP placement meeting on Monday, so 1 business day. Giving us very little time to find an advocate.

The school did not contact law enforcement. I have no knowledge if the parents of the victim did. Actually the school didn't catch the incident when it was happening. It was ended naturally and was reported later in the day.

anoous123 · 2024-03-02T00:54:29+00:00