When students with learning, emotional or physical disabilities get into trouble at school, parents only have a narrow window of time to intervene.
And many don't know how to defend their kids or understand the protections provided for them under federal law.
Parent to Parent of Georgia, an advocacy group, has launched an emergency support network to provide guidance for families of children with disabilities facing long-term suspension or expulsion.
The Kids in Crisis outreach program offers free representation for special needs kids facing out of school suspension for 10 days or more for a school rule violation. The program dispatches advocates who travel or teleconference for discipline hearings to negotiate with administrators.
They also help parents try to resolve behavioral problems that may be associated with a child's disability in school with intervention plans if possible, rather than seeing the kids routed to alternative schools.
“A more restrictive environment leads to lower expectations for kids and lower graduation rates,” said Debi Tucker, executive director of Parent to Parent, a state Department of Education partner providing outreach to families of students with disabilities.
A dozen families have contacted the Kids in Crisis statewide hotline at 1-800-229 2038 since it officially launched at the start of the month. About 20 more were assisted last spring when the outreach was being tested. Representatives found that those helped often didn't understand the discipline process and weren't aware when their district wasn't following protocol.
“Parents feel very intimidated by school districts; they don’t know what questions to ask or what their rights are,” said Becky Milton, who oversees Kids in Crisis. "If the offense could be related to a child’s disability it should be handled differently. We may contact a lawyer and get legal opinions.’’
Federal law requires that students with disabilities facing suspension receive an initial hearing within 10 days of an offense so a support team can meet with parents, discuss the infraction and evaluate services offered to the student. A tribunal determining guilt and punishment could then be waived, but that is not required.
Schools must provide services for special needs students wherever they are later placed as punishment, including at home.
Debbie Gay, the state Education Department's director of special education services, said she is familiar with the Kids in Crisis service. She said the state also has videos on its website that can guide families of children with disabilities through the discipline process.
The state monitors how students are punished and whether federal guidelines are followed, Gay said. “There is nothing that relieves a district from providing a free appropriate public education to the child.”
In 2011, nearly 9,300 Gwinnett Schools special needs students received in-school suspension and more than 4,400 received out-of-school suspension. In Atlanta Public Schools, 27 students with disabilities were sent to alternative school and one was expelled.
APS spokesman Keith Bromery said the initial hearings are typically held before an offense moves to the punishment stage. "If the behavior is a manifestation of the disability, the [tribunal] is dismissed," he said. The student then receives services to help them get back on track.
However, APS parent Lisa Talley said her son was facing punishment this week without a required hearing. So she contacted Parent to Parent and an emergency hearing was scheduled. The Carver High School student was accused of tampering with a fire extinguisher after school. A behavioral plan was discussed for the teen, but he was still referred for tribunal.
Talley was relieved when disciplinary hearing officers postponed the case Thursday and referred it back to special education services staff.
“I turned to Parent to Parent because I know the law,” Talley said. “I plan to continue to use their help. It’s not over yet.”
About the Author
