Can a school discipline a student when there is already behavior management in IEPar

[LisaS]

My son was “written up” today by a para. 
I’m not clear on what will happen from the write up after it is sent home but it is a process not in his IEP. 

Last year I thought we had settled that outbursts were mostly due to anxiety and specific environment in certain classes. 

He had been working on self regulation by leaving the class when his frustration built up.

They suggested a step plan in his IEP ( designed by a para who went to training for it), which this year is being interpreted to mean a teacher sends him out of the class to “take a break” - this is frustrating to him because he feels powerless. They also prescribe how many laps around the building he can take.

But they aren’t even following that set up and no one has explained how it all works to the students.

He sees teachers taking notes on him and has no idea why. He’s asked why. 

He has had recess time taken away by the gym teacher. Taking away recess goes against school policy. 

He had the ELA teacher send him out of class and when he tried to return she prevented him. She said it was because she had to explain to him why he was sent out. 

I have documented this in emails to the school. 

i just want to add that he’s a sweet kid who responds best to respect, positive reinforcement and encouragement not punitive measures.
 

What is my next best step and are there any PA advocates on this forum?

 

 

 

[Jenna]

I'm in OH rather than PA. I'm wondering what happens when a child receives a "write up" at your school? If your child has an IEP, and behavior is impeding your child's ability to learn, then an FBA should be done to create a Positive Behavioral Support Plan. Has this been done? If so and it seems the school isn't following the plan, you could start with requesting an IEP meeting to discuss your concerns. Lisa has info on behavior and FBAs at https://adayinourshoes.com/behavior-iep-special-education/. The Pennyslvania Training and Technical Assistance Network also has info on FBAs and positive behavioral supports at https://www.pattan.net/Multi-Tiered-System-of-Support/Behavior  (click on "resources").

[LisaS]

Are positive behavior support plans associated with ABA? 

[Lisa Lightner]

46 minutes ago, LisaS said:

Are positive behavior support plans associated with ABA? 

Not necessarily. They will likely be a plan of rewards and punishment. This article explains what to look for: https://adayinourshoes.com/school-fba-behavior-plan/

 

To answer your question, yes. An IEP does not exclude a child from receiving discipline. But, there are different procedures they need to follow.

https://adayinourshoes.com/child-suspended-from-school-iep/

[LisaS]

Thank you! 

[LisaS]

I’m just so sad for him. He says he feels like all the teachers hate him.

[JSD24]

It sounds to me like the step plan in the IEP isn't sufficiently clear because it is not being followed by the adults at school the same way that these same words were followed last year by the para that wrote them.  IMO, you need an IEP meeting ASAP to clarify what is meant by the step plan in the IEP on how to deescalate him.  If he should have the autonomy to determine how many laps he needs to get calm, the IEP should explicitly state this.

Don't leave the wording up to interpretation.  Be specific!

When a teacher fails to follow school policy, you should go up the chain of command so the teacher can be retrained on how to follow policy.  The principal would be the 1st person to bring this to.

[Carolyn Rowlett]

I would add that an argument could be made that taking recess away from him is discrimination IF the action for which he lost recess privileges was caused by/related to his disability.  If the school will agree, it's best to have it written into accommodations that recess will not be taken away -  just to make sure.