MDR - No manifestation while IEE being conducted

[Wanda F.]

5-yr, kindergartener with pattern of behavioral incidents; Speech-only IEP

Speech-only IEP, but we requested full eval & eligibility meeting was held Nov 14; child was found not eligible for IEP. We had requested FBA but school has not developed or implemented a behavior plan. We did not consent and requested an IEE. Two days later, another behavior incident and MDR Nov 21. School determined that behaviors were not a manifestation of speech-language impairment and referred to district discipline officer. The school wants child in an alternative school, not alternative placement, but alternative school.

What are the options since the district found the child ineligible for an IEP, the IEE has not been done, the behavior plan has not been developed or implemented, and the district has refused twice to add teaching assistant or parapro to class?

[JSD24]

I agree with the school.  Behavior incidents tend not to be caused by speech/language impairment/disability.  On the other hand, this child has behavior issues and they have not had RTI or MTSS intervention at a Tier 2 or 3 level.  The argument is LRE.  It makes no sense to place a student into a behavior program in an alt school w/o first looking at Tier 2 and 3 support of the behavior issue in LRE.