We’re dealing with some pretty challenging stuff right now. I won’t repeat all of it here, but you can check out this diary, where you can see not only the original story, but the responses we have gotten, and my updates in the comments.
In a nutshell, this started while I was working on a project out of town, and our son (who is nearly 16 and has Asperger’s Syndrome) received a 9-day suspension for what the school called “assault”. Then on Friday, we suddenly get this summons for a court date. It’s a huge mess, and I can’t begin to tell you how far behind I’m getting in work I’m supposed to be doing, and the end of the quarter is nearing, so I really do need to find some way to turn my attention back to that. But I thought before doing so, I’d put out a few feelers to see what other resources people might know about.
One more word of explanation…I’m sure somewhere I’m actually subscribed to a group or two that specifically deals with these sorts of issues, but that the moment, I can’t think of what those might be.
Even before this latest turn of events, my stress level was already in the zone where, if this were Star Trek, those “red alert” sirens would be going off. So I’m actually doing pretty well in that I’m able to write about this in more detail than “Help!!!” Tracking down the right places to post is beyond my available time and focus at the moment. But if you frequent any such places, please feel free to share that diary link I posted above.
You need an attorney who specializes in special education law. They often have someone on staff who specializes in related criminal issues, and by being familiar with both will best be able to help you.
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Is your son eligible for the Individualized Education Plan (IEP)?
A 9 day suspension is serious, was this discussed with the school, how is your relationship with teachers, parents and other kids at school? Communicate with the school representatives, keep your son home to avoid aggravation of the issue until matter is clarified or settled. What does the schoolteacher try to gain from making this a legal issue? What are the specifics that led to an escalation? Wishing you all the best … take care of yourself and your son!
The purpose of this guide is to help educators (teachers and administrators) become acquainted with identifying and meeting the needs of the student with Asperger’s Syndrome. Public school, while often difficult for typical students, can be a nightmare for those students with Asperger’s Syndrome. Without information and training in this disability, teachers face confusion and frustration in light of the unusual behaviors and lack of social skills.
"But I will not let myself be reduced to silence.".
I wonder what the law says about the initial punishment…how does a school get away with suspending a student for behaviors related to his disability?
Here’s a great link:
Wrightslaw page on Autism, ASD, PDD, Aspergers I hope it helps.
Also, there is another page related to abuses in Wake County, NC, also from Wrightslaw. I don’t remember where you live, but these cases were related to punishment for behaviors outside of the students ability to control said behaviors due to a disability.
I would look into protections you son should have been given based on the Idividuals with Disabilities Education Act.
Also, don’t forget to spend just a second doing something to recharge your battery. I know even thinking about it can cause stress; it’s a tough cycle. But, if you can, take just one minute to try to consiously break the cycle…and then take action.
by lam2b2g on Sun May 31, 2009 at 07:58:23 AM PDT
"But I will not let myself be reduced to silence."That case in Wake County, NC was at my son’s middle school, though a few years after he left. I remember at the time that it was publicized there were many expressions of sadness and outrage, but mixed in were comments wondering how else teachers were supposed to discipline kids who act up and how “nowadays” kids are labeled with all sorts of fake disabilities to avoid taking responsibility for their own actions. Sigh..we still have so far to go with attitudes like that.
Ditto on what CG said about the lawyer. Best of luck with everything.
I passed along the contact information to my husband of a lawyer that had been recommended to me in the past. She had some suggestions, including that we get a public defender.
I’m familiar with Wrightslaw and have been to the site a number of times. Passed along the link to my husband, as well as a pdf I found about the criminalizing of disability.
I’m just needed to let him handle this as much as possible right now until I finish a bit more grading. My concentration is kind of shot at the moment.
Demetrius is working to minimize the amount of time Son has to spend at school in these last few days, and is staying in the area in case he’s needed. The principal has been supportive and helpful, but this one teacher remains a royal pain in the ass. I’m afraid if I had to come into contact with her right now, I could end up with a court date of my own.
I frankly can’t fathom keeping our son at this school for a whole host of reasons. But I haven’t even begun to search what our other options are.