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(Second post because I hit ctrl enter and my post posted.) I think you should file a state complaint that they dragged their feet too long with starting the FBA. Do you have email showing when you requested the FBA? Always good to have a papertrail in case stuff like this happens. There is a saying in education: If it's not in writing, it didn't happen. I always suggest putting important things like this into an email - just in case. Keep track of how long they are suspending him. After 10 days, it's looked at as a 'change of placement' and for a kid with an IEP, the IEP team has to decide that. IMO, your child's IEP isn't FAPE if he keeps having behavior issues at school where they are removing him from from his classroom. If he's removed, he doesn't have access to his education and the school should be accommodating that. Disabled kids get accommodations so they have access. Don't ask for accommodations. You want special instruction so he's taught to do better. They can accommodate him along with teaching him but the teaching should be the main part they're doing.

Hi, I need help! I have been pushing the school to add higher level accommodations and get my child the support he needs for the last 3 months or so. since then, All they keep saying is "we're gathering data". This has been more than enough time for them to gather data. A month ago I requested an FBA to be performed and to move him to Tier 3 supports because we were getting notes from school every day about his behaviors. He has a social-emotional developmental delay. I gave verbal consent a month ago, and have asked numerous times to receive a consent form for the FBA, and they dragged their feet and finally only supplied it to me to sign on 10/06 (8 days ago!!!) They promised me they would start this FBA a month ago! For the last 3 months or so, the school is supposed to be doing everything they can to provide the adequate support and accommodations that he needs. If his behavior isn't improving, then that tells me that they AREN'T doing what they are supposed to be doing. Then yesterday, I get a call from the principal saying they are giving my son an in-school suspension. I told them they are proposing a disciplinary action on disabled child for behaviors that are a manifestation of his disability (he is showing agressive behaviors, and one of the hallmark symptoms of social-emotional delay is aggression!). The ignorant principal literally said to me... "He has a diagnosis?" LOL! are you kidding me lady? You're making decisions about my child, and you have attended the last reevaluation meeting and you still don't know that my child has a formal diagnosis?! My child has had an IEP since he was 3 years old! I immediately requested a manifestation determination review (because I KNOW it's a manifestation of disability), and the Director of ESE services said that it's not required unless it's past 10 days of suspension. I said yes, but I know that I have the RIGHT to request one BEFORE 10 days of suspension under special circumstances. I told the school that my son will NOT be attending the in-school suspension, as his behaviors remaining the same clearly means they are NOT DOING THEIR JOB. I plan to pick my son up from school at the time they proposed to put him in the ISS. Are they even allowed under § 1415(k)(5)(D) to remove him from class and put him in an ISS while he is CURRENTLY under re-evaluation and an FBA? I mean the law says they have to keep the child in their current placement during the duration of an evaluation..Shouldn't this protect my son from suspensions whether in school or out of school? either way he is being displaced from the classroom during an evaluation process. I have a strong suspicion as well that his IEP is not being followed to a T. My major question here is: Do I have the right to pick up my child every time they tell me they are going to do an in-school suspension to keep them from punishing him due to his disability? They seem to want to reschedule it if i decide to pick him up instead, so i will be consistently having to pick him up to avoid this ISS every week. Also, is the school required to give me notice of the day and time that they plan on giving the ISS? They cannot by law just sneak and do it behind my back, correct? Because I will pick him up from school every single time they try to pull this BS. from Florida law 1002.20. K-12 student and parent rights.: (a) Suspension of public school student.–In accordance with the provisions of s. 1006.09(1)-(4): 1. A student may be suspended only as provided by rule of the district school board. A good faith effort must be made to immediately inform the parent by telephone of the student's suspension and the reason. Each suspension and the reason must be reported in writing within 24 hours to the parent by United States mail. A good faith effort must be made to use parental assistance before suspension unless the situation requires immediate suspension. [...] They did NOT provide notice in writing within 24 hours! I didn't get any notice in my son's backpack at all. Even if they sent it by mail, I would not receive it within 24 hours.