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Our kiddo has an eligibility of ED. A couple of weeks ago I was told he became frustrated in a general education class and walked out of the class and pushed two students. I asked for a copy of the document for the incident and was told due to FERPA (Dean of Students) that she didn't think I could have a copy because the other students name was on the document. I asked her to redact those names and then send me a copy. It did not happen. She said that his behavior was not a manifestation of his disability (there was no manifestation determination meeting). The school staff met on the day of the incident to discuss a solution and decided that an accommodation of an aide should be used as a one on one, with him in the general education to help him stay focused and hopefully avoid future frustrations. She said that they were looking at moving him to the special education classroom if the aide didn't work. She said his behavior disrupted the classroom and this disruption interfered with the other kids ability to access their education in the classroom. Our kiddo describes the incident differently, but I don't have a copy of the document describing the incident even though I asked for it. Can they change his placement without a manifestation determination meeting? How long after an incident does the school have to hold a manifestation determination meeting? It's been almost 3 weeks since the incident. Our kiddo is a teenager and I would want his input at the manifestation meeting however he has a challenges with his working memory and therefore won't remember all the details. All I have is the say-so of a school staff member who won't provide the documentation provided by the teacher who reported it. I would think that for a kid with ED who has a history of behavior issues, that a manifestation determination meeting would determine that it was part of his disability. I will say that since his last eval he has been diagnosed with ASD/ADD. ASD was noted on an IEP amendment (not as an eligibility, just a comment) a couple of years ago, but the ASD comment no longer appears anywhere on his IEP and the school doesn't know how that happened. I apologize for the long post; I just want to make sure I've anticipated any questions that might come up. Thanks in advance. Your input is much appreciated.

Hello, I am seeking an answer to a legal question to understand what kind of ground I have to stand on. My son, Matthew, has Hyperlexia, but is not on the autism spectrum. He qualifies for services under SLI, OHI, and AUT. Think gestalt language learner, pragmatic and receptive language challenges. Matthew is a 6th grader (middle school) and has ELA and Math offered in a "directed" setting --taught by ed specialist, smaller class size, slower pace, grade level standards, accommodated. He's THRIVING. Independent, keeping up, managing assignments, completing work---doing it all with very little home help. His other 2 core academic classes, Science and Social Science, are only offered (district wide) in a collaborative setting --Gen Ed teacher, roaming aide, full class size, regular pace ----it's too much for him--too much input too fast. He entered as Accommodated and we moved to Modified in October to alleviate the anxiety (started seeing sensory things we had not seen in years). It's far from ideal knowing he is capable of getting his HS diploma. The district offers Directed classes for all academic courses in High School. They just don't offer for Science and Social Science in Middle School. My question is this--can we force their hand legally to fill in this gap for my son who needs these offerings to be in his most appropriate setting? I have met with district leadership and continued communications with them since October. I have been told they are implementing a "3 year plan" to addressing inconsistencies in offerings at the Middle School level. Middle school is just 3 years, so by the time they are done, it won't help my son. The school team are working with have but it's just placing bandaids on the issue and nothing is getting solved. Thank you for any info you cab provide, Julie