Student Protected During Evaluations

A.S. is a student at a middle school in New Mexico. He has a diagnosis of Attention Deficit Hyperactivity Disorder, Oppositional Defiant Disorder, and asthma. He has been suspended in and out of school for 19 days this school year. His mother was told that he would be expelled if he gets into one more suspendable incident.

His mother told school personnel at the beginning of the school year that he has been eligible for Special Education and supports in other school districts since kindergarten.

It has has been difficult to locate school records from previously attended schools, so the school staff ignored the mother's request for evaluation and special education supports.

A.S.'s mother called P&A. A meeting was held to discuss the situation. The mother brought her copies of evaluations done in the past and the school personnel agreed that he was probably eligible for special education.

School personnel then told A.S.'s mother that he could have 10 more days of suspension before he could be expelled.

P&A staff called school staff's attention to the IDEA regulations that state the child is protected under IDEA regulations if the parent asks for an evaluation for special education (which had been done at the beginning of the school year and was documented by the counselor). Therefore, the school had already gone beyond the 10 days of allowable suspension.It is now necessary for the school to come up with a Behavior Implimentation Plan that will not include suspension/expulsion. A diagnostic evaluation has been ordered and the school has agreed not to suspend A.S. pending results of the diagnostic evaluation.