My 5 year old son was kicked out of school on his second week of Kindergarten

Mindy Sue - posted on 10/21/2013 ( 4 moms have responded )

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He still is kicked out going on 3 months and within this time have gotten from his school about 6 and half hours of home schooling and that's not including if she cancels tomorrow as well' like she has been doing! but my son has left side brain memory damage and doesn't hold much information' or keeps what has learned' why they kicked him out.... Teachers was holding him into place so he wouldn't run the room and he tossed his head back and his helmet that he has to wear (soft helmet) the back of the helmet hit her in her mouth while she was holding him into place with not calling me or his doctors first they just decided to hold him in place then when he head came back in hit her' they claimed he was a danger to teacher and students!!! and their's no return date for my son to go back to school!!!!!!!!!!!!! :( can the schools do this and get away with it?

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Enna - posted on 10/22/2013

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I agree, they are not allowed to restrain him unless someone is in danger. nad they definitely should have contacted you. I think it's ridiculous that they would have him in a regular class if he was having so much trouble. It sounds like he needs special attention, and a regular classroom teacher can't give him that.

Danicia - posted on 10/21/2013

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from what I know, teachers do not have the right to restrain (hold a child in place) unless that child is actively causing harm/threat to others. running around the room is not threatening, it's just not complying with the rules. if I were you I would bring it up to the school board/district and demand answers for actions taken and where in their rule outlines does it say that they can expel your son and restrain him. something does not sound right about what they are doing.

Mindy Sue - posted on 10/21/2013

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Doctors already sent letters to the school plus TDT Services r n place.... public school he was in but they had him in regular class not special ad but still he isnt allowed back. I feel that had no right holding him n place and they was in the wrong for not calling me in letting me know that he was acting up

Enna - posted on 10/21/2013

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Do you have an IEP or something similar in place? I think the school has the right if he's extremely disruptive, but if you get something in place they will be legally bound to work with you to make sure he's getting an education. Every child is entitled to an education, and the school can't stop that as long as you follow the procedures for getting him the accommodations he needs to be successful. You are going to have to put in some extra effort to be an advocate for him. You will probably have to get information from his doctor explaining why he needs the accommodations, and you can expect several meetings with school administrators and teachers. Also, is it a public school? Private schools aren't obliged to do the same things because they have fewer resources for special education children.

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