Question 1: My son has had one day in-school suspension because he bit his classmate. I requested school record and I don't see the suspension. What does that mean?
Question 2: My son was suspended for 5 days from after school program that is publicly funded and that is supervised by the principal of my son's school. I want these disciplinary actions to be on school record. Is it possible? I asked them to give me a copy of the written warning that they gave me, but they said no. I'm trying to keep track of his incidents though.
Question 3: My son has an IEP, but I was told that IEP does not have any force outside of academic curriculum. Most of my son's behaviors occur during the recess or at the after school. How do I get a separate 504 Plan to support him during these unstructured time?
Question 1- An In School Suspension (ISS) needs to be defined as to whether your child received their special education services during that time or not. If yes, it does not typically go in the school suspension records, but could likely be on the in-house discipline records where they keep detentions and referrals. If you child did not receive services while in the ISS, then a formal suspension notice should be written up and the day/s count/s toward the 10 day rule.
Question 2- After school programs are typically separate from the school ed code suspension rules regardless of the funding source and do not count towards the 10 day rule and do not go on school records. That said, you can mention this behavior during an IEP meeting and ask to have that info added to his IEP as evidence of the behavior being pervasive (if it also occurs at home and during school hours) mush like parents often note their child does fine at home or in an after school program but struggles during school hours.
Question 3- False and True. The IEP is in full force from the start of the school day until the end of the school day and possibly in transit, if the student is on an IEP provided transportation. The IEP does not follow him to the After School Program. If the school needs proof of the fact that the IEP covers recess and lunch, simply have them look at the Present Levels of Performance under Social/Emotional, Adapted PE, Activities of Day Living, Transition Services, to name a few. Social Skills during unstructured times whether in the classroom, at lunch or at recess are all covered; as are speech and language and behavior skills and gross and fine motor skills.
Question 3.2- The after school program has to receive federal funds or have 15+ employees. If it does one of those, then that program needs to write a Sec 504 Plan for your child. You will want to make a written request and either send it via email with a CC to yourself OR when giving the original to the head person or their secretary, have them initial and date the request and make you a copy for your files. The email with a CC to yourself is always the best option, when available.
Allan Roth
Consultant
Alliance Resources and Associates, Inc.