JJM is a 17 year old young man with a Specific Learning Disability, who just completed his junior year of high school in a small northern community. It was a year filled with many problems and set-backs for JJM. In December 2001, JJM got into an altercation with a teacher and was suspended for 5 days without being given a manifestation determination review.
When he returned to school there was an Individualized Education Program (IEP) meeting and his mother was told the school was either going to put him on long-term suspension or he could return to school for 1/2 days only and he would not be allowed to participate in any extra-curricular activities. His mother didn't agree and refused to sign the (IEP) but the school placed him in 1/2 days to be spent in the resource room, not in his regular classes for the remainder of the year.
JJM's mother called P&A because she felt the school was giving her son too much punishment for the incident, (5 day suspension plus 1/2 days for the rest of the year, plus not being able to participate in school activities). An IEP was scheduled and P&A expressed the concerns of the family and stated that placing him in the resource room for 1/2 days was considered a change of placement and required a manifestation determination, which they did not do.
P&A filed for a Due Process hearing against the school. A week later P&A received a call from the Superintendent of the school district saying that he would resolve every point of contention in the Due Process request.
The school provided JJM with a new behavior plan and allowed him to return to his regular classes. He was also given extra help to make up school work he had missed. JJM and his mother were very happy with the final results, especially the apology they received from the principal.