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Old 01-25-2013, 01:04 PM
 
Location: MMU->ABE->ATL->ASH
9,005 posts, read 16,144,131 times
Reputation: 9676

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I would get a lawyer before you talk to the school. You need one who is not only good on Criminal law, but one who is also good on IDEA/IEP's and what that allows and does not. And school State laws/procedures, and local code of conducts.

He might be able to go to an alternative school, or complete his classes as a home based student. The superintendent / school board may be able to do a suspension also. But you will need to get a Lawyer involved at some point for the criminal code. So get him/her started NOW.
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Old 01-25-2013, 02:30 PM
 
Location: in a house
3,574 posts, read 12,846,931 times
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Not to be ugly, but he very easily could have been arrested! I don't understand what having an IEP in place could do to help in this situation.
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Old 01-25-2013, 02:46 PM
 
11,615 posts, read 19,729,031 times
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You really need a lawyer.
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Old 01-25-2013, 02:54 PM
 
29 posts, read 41,234 times
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I realize him, me, and his dad could still face charges. If it happens, I will face that then. That is not what I need assistance with. I came on here for advice for education reasons from people who have experience with this. I know what my son did was wrong and I should have been more cautious too. I am no arguing that point. If you have a child that has never made a mistake, you have a miracle. However, if you read the attached, it sounds like having an IEP may assist some. If you know anything about this, please let me know.

http://www.alsde.edu/Academy/Law/58%...sabilities.pdf
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Old 01-25-2013, 02:57 PM
 
Location: North Beach, MD on the Chesapeake
32,146 posts, read 39,225,649 times
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It's going to depend on what his handicapping condition is. If it's determined that the behavior is a manifestation of his IEP listed handicapping condition then the expulsion will be withdrawn and expunged from his record.
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Old 01-25-2013, 03:33 PM
 
2,920 posts, read 2,909,771 times
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I would suggest that unless you have a surplus of money, you resign yourself to him having to graduate from whatever private school will take him at this point. That will cost quite a bit of money, and with a weapons charge, there is a very good chance that a lawyer will not be able to avoid an expulsion, IEP or not. If my child were at a school where a kid got off for having a gun at school, I might just sue. He can't take back what happened, and he needs to man up and survive this as best he can. Don't waste any time in getting him enrolled. And no guns until after graduation might be a good idea.

Good luck. I hope things turn out well.
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Old 01-25-2013, 03:37 PM
 
11,615 posts, read 19,729,031 times
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Quote:
Originally Posted by MCGINNIS2000 View Post
I realize him, me, and his dad could still face charges. If it happens, I will face that then. That is not what I need assistance with. I came on here for advice for education reasons from people who have experience with this. I know what my son did was wrong and I should have been more cautious too. I am no arguing that point. If you have a child that has never made a mistake, you have a miracle. However, if you read the attached, it sounds like having an IEP may assist some. If you know anything about this, please let me know.

http://www.alsde.edu/Academy/Law/58%...sabilities.pdf
You need a lawyer to help you with this. A lawyer who is experienced in education law may be able to help you and your child ensure the lightest possible penalty. A lawyer will also be able to advocate for your son regarding his education. Your son is entitled to a free, appropriate education even if he has done something wrong. A lawyer will be familiar with your son's rights.

I am not suggesting a lawyer because I think you (or your child) is the devil. I think you need someone to protect your son's rights as well as to protect you and your husband.
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Old 01-25-2013, 03:51 PM
 
1,747 posts, read 2,441,168 times
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Quote:
Originally Posted by North Beach Person View Post
It's going to depend on what his handicapping condition is. If it's determined that the behavior is a manifestation of his IEP listed handicapping condition then the expulsion will be withdrawn and expunged from his record.
Exactly, you beat me to this. There needs to be a Manifestation Determination Review, which is required in disciplinary situations of students with disabilities. This is to determine if the offense is a result of his handicapping condition. It may or may not be, not knowing why he has an IEP. I echo the others, find a local attorney who is familiar with special Ed laws for your state. It is a federal law, but states tend to interpret it in their own ways. Check out. Wrightslaw Special Education Law and Advocacy. Do a google search of their website for MDR and there is information there.
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Old 01-25-2013, 04:01 PM
 
29 posts, read 41,234 times
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Thanks for the feedback about the Special Education. I really appreciate it. It has been really devastating to my family. Education is very imprtant to us and I don't just want to give up on my son because of a mistake he made. I know he has to face the consequences of his actions and we are making sure there are consequences at home as well. Right now it just seems like our world is coming to an end. But I know there are worse things that could happen.
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Old 01-25-2013, 04:09 PM
 
1,747 posts, read 2,441,168 times
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Quote:
Originally Posted by MCGINNIS2000 View Post
Thanks for the feedback about the Special Education. I really appreciate it. It has been really devastating to my family. Education is very imprtant to us and I don't just want to give up on my son because of a mistake he made. I know he has to face the consequences of his actions and we are making sure there are consequences at home as well. Right now it just seems like our world is coming to an end. But I know there are worse things that could happen.
Don't ever give up! Keep very good notes now, making sure you have names of anyone you speak to and dates, etc, plus copies of any transcripts of you can. But it will be better. I speak from experience. My ds was up for expulsion in middle school, not for something like this and now it doesn't matter. We were able to go the MDR route and he was reinstated but did finish the year at a different middle school which was actually a blessing. Why do I mention this? He is now in his first year of law school. Why did he get interested n becoming a lawyer? Because he remembered the attorney we hired to go through this process and became fascinated by it. You never know what will come of this.
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