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Thread : Are they supposed to send them home?  
6 Dec 2010 @ 1:03 PM
kindhart1984 Join Date: Mon 6th Dec 2010
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Are they supposed to send them home?

My sister-in-law and I both have ADHD children. Mine is my almost 9 year old 3rd grade son and hers are her almost 15 year old 9th grade daughter, her 11 year old 5th grade son, and her 9 year old 4th grade son. We are both having problems with our 9 year olds. My son takes his medication everyday with no problem, he is on 54mg of concerta and we just added 2mg of intuniv. He has had many combos of meds since he was 4 and this seems to be the most effective. Her son gives her a struggle every morning to take his meds, he is on metadate (not sure about the dosage). She has to open the capsules and put them in a medicine dropper with a drink in it and have him take it that way because he can't or won't swallow a pill. He still gives her a hard time about it though.

A few times we have each gotten a call from the school psychologist telling us to pick one of them up because they are having a hard time. Of course it is a different scenerio for each boy. When my son, Riley, has a hard time, he is figity and has a hard time keeping control of his body. When her son, Garion, has a hard time, he is mouthy and hits people.

I can sort of understand them sending Garion home because of safety reasons, but the only problem Riley is making is he is being a distraction. They try to take him out of the classroom first and do activities with him, but they almost always end up calling me to come and get him. I can't keep doing that. We only have one vehicle and my husband takes it to work with him, so he is usually the one who has to come out of work to pick him up.

So, my question, is legally speaking, can they make me come get him? I always thought the school had to keep kids there unless they were sick or being suspended. Am I wrong? We both live in Massachusetts.

Lanie

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7 Dec 2010 @ 4:55 PM Reply # 1
eabeam Join Date: Tue 12th Jan 2010
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Ok only if used sparingly...

Here is the way the rules work.. I don't have time to cite or link the specific laws.

1. They cannot send home solely for the basis of not being medicated. 2. Schools can suspend until it represents a pattern or potential change of placement. (Usually considered, three suspensions or 10 days in one school year).

Sending home can be a way to prevent a problem from becoming an issue or a suspension --- IF USED SPARINGLY. (I would say less than 3 incidents in a school year. Unless they happen in a short-period of time...)

For example, it may prevent a formal suspension. However, if it is being used in lieu of a suspension, then it can potentially subvert the Manifestation Determination safeguards that are in place.

However, if it becomes a regular thing, then it means that the student has a pattern, duration, frequency, etc. of behavior that is preventing access to educational benefit. At that point, the IEP team is compelled to re-convene and trouble-shoot the issue. Including, but not limited to, behavioral assessment. (which would be mandated in an Manifestation Determination IEP and the behavior has found to be a manifest.).

http://askdreric-schoolpsychologist.blogspot.com/

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