Q: Can a school suspend my son if has an IEP
He has adhd,odd,anxiety,ocd, tourette and coordination problems
A:
I don’t know how old your child is so this is kind of generalized;
In New Jersey, a school can suspend a student with an Individualized Education Program (IEP) for up to 10 consecutive school days, as long as the suspension is not considered a change in placement. The school district must follow the same procedures for suspending a student with a disability as they would for a student without a disability. The principal must notify the student's parent(s) and case manager in writing, explaining the reasons for the suspension.
Preschool students with disabilities cannot be suspended or expelled.
If a student is suspended for 10 days or less, they must still receive educational services that meet the Core Curriculum Standards and are consistent with their IEP in home. If a student is suspended for more than 10 days, they must receive their Free and Appropriate Public Education (FAPE). Your IEP team will/has to determine where the student will receive their FAPE.
You can appeal the suspension as the student has the right to a board hearing, where they can present a defense and the board must make a decision within five days of the hearing. If you disagrees with the board's decision, you can appeal it to the New Jersey Commissioner of Education within 90 days.
Hope this helps
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