Legal Question in Education Law in Arkansas

Re: Suspension of child with down syndrome

Children who receive special education services can be suspended. However, the special education laws do grant them some protections. The Individual with Disabilities Education Act (IDEA) mandates certain proceedures be followed. A child with and Individual Education Plan (IEP) who's behavior is causing such suspension should have a behavioral plan built into the IEP. Also, any accommodations or modifications to the normal disciplinary standards of the school should be noted. If the child is suspended at the very least a conference should be held with the parents. However, if the child is suspended for a total of more than 10 days in any given school year, an IEP team meeting MUST take place.

It sounds as if this child's IEP is not providing adequate support services. Parents can request an IEP team meeting, at which a proper behavioral plan should be developed and proper support services should be put in place. The parent should notify the District in writing that the child's safety has been placed in jeapordy (namely the "wandering off" behaivor) and that they are formally noticing the District of the fact that the child safety is at risk. This will meet the notice requirements established by the courts. If the school does nothing to remedy the situation, the parents then may have recourse in federal court for the District's "deliberate indiffference" to a dangerous situation. Parents can also build into the IEP's a requirement that they be notified of various situations at school. A well written IEP is the key to protecting the student's rights and to providing the appropriate program and services to meet the child's individual needs.