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OklahomaTuba
1/6/2006, 09:40 AM
Got a question, so hopefully someone on this board knows and can help.

I have taken my 16 year old brother in to help get on the right track. He had been doing much better however Monday he began cutting up with a couple of kids and one of them said something about blowing the teachers vehicle up.

The teacher did not hear this, the teachers aid did, and my brother admitted he said he was in on it when they brought the police into the school.

Well, they suspended him for the rest of the year, just like that.

He was really progressing, but my brother was a marked man and they were looking for a reason to get him out of there I believe. This stupid mistake by him was just the ticket they needed.

So now, I am wondering how me, with no guardianship or parental rights, can transfer him into the school district I live in, if its even possible?

Owasso says I need to have a court order.

I didn't live in the school district he was going to, thank God.

Any suggestion? I would much appreciate any.

BoogercountySooner
1/6/2006, 09:47 AM
I would find a Lawyer!

OklahomaTuba
1/6/2006, 09:57 AM
To get guardianship?

I wonder how long that takes?

OklahomaTuba
1/6/2006, 10:01 AM
This might be bad, but couldn't my brothers father just say he lives at my house?

mrowl
1/6/2006, 10:04 AM
even if you transfered him, I don't think the new school would let him in this year. They will enforce the other schools suspension (I think)

Mjcpr
1/6/2006, 10:09 AM
I'm thinking that these days, if you even whisper something about blowing up a teacher's car that a rest of the year suspension is appropriate whether the school "was out to get" the student or not. And based on this story, and others, I'd say it's not simply a matter of "cutting up with a couple of kids". Seems like this kind of behavior is an ongoing problem for him, no? I'm sure he gravitated towards the same crowd at his new school as he did at other places he's been.

I guess there is no way to know between school districts, but I would think if you were suspended, you couldn't just enroll in another school district. Probably know way for them to know about the suspension though.

Sounds like you've got your hands full so good luck with it. Sounds like you're doing what you can to straighten him out.....I'd just be aware that you don't assign blame everywhere but your brother. Just sayin'....

sooner_born_1960
1/6/2006, 10:17 AM
Private school may be his only option.

FirstandGoal
1/6/2006, 10:18 AM
Serious question here: To your knowledge has he ever, or he is currently now abusing any substances? This would be another thing to look into and he will need help ASAP if this is the case.

1stTimeCaller
1/6/2006, 10:19 AM
when I was in HS in 95-97 there were a few kids that got expelled for various reason and had no problem transferring to another district nearby to finish. One guy in particular had been quail hunting on a Sunday and left his shotgun behind the seat of his truck. Got expelled from Chickasha in November and graduated from Ninnekah in May.

crawfish
1/6/2006, 10:21 AM
I'm thinking that these days, if you even whisper something about blowing up a teacher's car that a rest of the year suspension is appropriate whether the school "was out to get" the student or not. And based on this story, and others, I'd say it's not simply a matter of "cutting up with a couple of kids". Seems like this kind of behavior is an ongoing problem for him, no? I'm sure he gravitated towards the same crowd at his new school as he did at other places he's been.

I guess there is no way to know between school districts, but I would think if you were suspended, you couldn't just enroll in another school district. Probably know way for them to know about the suspension though.

Sounds like you've got your hands full so good luck with it. Sounds like you're doing what you can to straighten him out.....I'd just be aware that you don't assign blame everywhere but your brother. Just sayin'....

No comment here, just shocked to see a serious post. ;)

Mjcpr
1/6/2006, 10:22 AM
No comment here, just shocked to see a serious post. ;)

Here's another one....STFU!

;):D

OklahomaTuba
1/6/2006, 10:29 AM
I'd just be aware that you don't assign blame everywhere but your brother. Just sayin'....It is his fault.

But when they have kids that say worse things (according to this teacher) and nothing happens but a slap on the wrist, then it makes me wonder.

They suspended him last for loitering to early on school grounds. This was my fault cause I have to get him to school early so I can be at work on time, and I live 30 min away and work 30 min away.

Its a no win for me here. He made the mistake, he is paying for it, but I just feel this was over the top. I'm no teacher though, so my perspective is biased I must admit.

Thanks for the advice on this stuff though!

Soonrboy
1/6/2006, 10:31 AM
The school will probably hang on to his records and not transfer them to any school you may try to enroll him in. In the unlikely event that you do get away with it, then it will catch up with him when the new school requests his records.

If you are not his legal guardian, you really aren't going to be able to enroll him, unless his dad goes up and says he is living at your house. My district requires 2 proofs of residence and birth certicate to enroll..but again, I'm at an elementary school and not a high school, but the rules shouldn't be that much different.

Any chance he was a special ed student? Not trying to make fun, but kids in special education have a lot more lee-way to deal with things like this than a regular ed kids does. There's a ton of laws protecting kids in special ed.

Good luck to you...is there an alternative school in Owasso?

OklahomaTuba
1/6/2006, 10:33 AM
Serious question here: To your knowledge has he ever, or he is currently now abusing any substances? This would be another thing to look into and he will need help ASAP if this is the case.I believe he has been doing something, and we are looking into help for that.

OklahomaTuba
1/6/2006, 10:35 AM
The school will probably hang on to his records and not transfer them to any school you may try to enroll him in. In the unlikely event that you do get away with it, then it will catch up with him when the new school requests his records.

If you are not his legal guardian, you really aren't going to be able to enroll him, unless his dad goes up and says he is living at your house. My district requires 2 proofs of residence and birth certicate to enroll..but again, I'm at an elementary school and not a high school, but the rules shouldn't be that much different.

Any chance he was a special ed student? Not trying to make fun, but kids in special education have a lot more lee-way to deal with things like this than a regular ed kids does. There's a ton of laws protecting kids in special ed.

Good luck to you...is there an alternative school in Owasso?


Yes he was in special ed. We just got him into these classes.

What kind of laws are these that you speak of???

Frozen Sooner
1/6/2006, 10:39 AM
You wouldn't be interested. Ted Kennedy co-authored most of them.

crawfish
1/6/2006, 10:40 AM
Here's another one....STFU!

;):D

Really...I'm reading, waiting for the payoff...and it never comes.

Disappointing. :D

Soonrboy
1/6/2006, 10:40 AM
Now, you have a leg to stand on...if he is in special ed, he will be on what is called an "individualized education plan" or IEP for short. By law, the school must carry out whatever his IEP states, no matter what. If it says he must receive help for 90 minutes a day in math or whatever, the district is required to carry that out by federal law. You can not change the placement unless a team meeting is held and it is decided on, especially if the suspension is more than 10 days. A school cannot suspend a kid on an IEP for more than 10 school days, doesn't have to be concurrent.

Contact the district office and speak with the person in charge of special education. Tell lthem your situation and ask them how they are going to fulfill the IEP mandates.

Also you should have the rights to a hearing, ask them when and where the hearing is going to be, unless your brother waived those rights, then you can request a hearing.

OklahomaTuba
1/6/2006, 10:43 AM
You wouldn't be interested. Ted Kennedy co-authored most of them.
Sure I would. I am pro-education and environment. Just anti-bashing our troops during a war. :D

Soonrboy
1/6/2006, 10:45 AM
this might help...

http://www.ldonline.org/ld_indepth/special_education/discipline_sped_students.html

OklahomaTuba
1/6/2006, 10:45 AM
Now, you have a leg to stand on...if he is in special ed, he will be on what is called an "individualized education plan" or IEP for short. By law, the school must carry out whatever his IEP states, no matter what. If it says he must receive help for 90 minutes a day in math or whatever, the district is required to carry that out by federal law. You can not change the placement unless a team meeting is held and it is decided on, especially if the suspension is more than 10 days. A school cannot suspend a kid on an IEP for more than 10 school days, doesn't have to be concurrent.

Contact the district office and speak with the person in charge of special education. Tell lthem your situation and ask them how they are going to fulfill the IEP mandates.

Also you should have the rights to a hearing, ask them when and where the hearing is going to be, unless your brother waived those rights, then you can request a hearing.

Thank you so much for your help with this. I was involved in his yearly IEP meetings. I will contact them today.

Thanks again.

Okla-homey
1/6/2006, 11:00 AM
Here's a thought Tuba,

Car wash job. Until he's eligible to re-enter his school, and you keep half his pay (or give it back later.)

After that, perhaps he'll have a little better perspective on why school is important.

Tough love baby. Tough love.

FirstandGoal
1/6/2006, 11:02 AM
I believe he has been doing something, and we are looking into help for that.


I figured this might be the case. If so, every member of the family that is willing to help him with this needs to support him. He's at a critical age where he has 2 choices on where he wants his life to be.
Trust me, I know from personal experience. My brother (6 1/2 years younger than me) had a lot of the same problems. Unfortunately my family refused to make him own up to any of his problems, was in denial that he had "a drug problem" and bailed him out of many a jam.
In fact, my mother and I had a huge falling out a 8 years ago when I kicked him out of my house Christmas day because he showed up higher than a kite with some skanky ho.
Luckily for my brother, the state of Oklahoma inadvertantly saved his life by finally imprisoning him for a while. In fact, he has been in Mcalister since 2001 and is due for parole sometime next year.
This harsh reality check for him finally worked. He decided that prison is not where he wanted to spend his life, he has taken lots of college classes and has a 4.0, has been working full-time to get his time down, has joined the AA and NA group there, and has been totally clean for the last 5 years.
Unfortunately for him, this lesson has come at the price of 16 wasted years and a record that will haunt him the rest of his life.

Soonrboy
1/6/2006, 11:04 AM
Good luck, Tuba...

OklahomaTuba
1/6/2006, 12:31 PM
Thanks everyone.

On a side note, I have found out that he hasn't been taking his aderol (sp?) for his ADDHD.

I think this may have contributed to what happened in school. I think I am going to appeal the suspension he received because of this.

And if you think I am being even slightly hypocritical in my stances that I take on other issues in regards to personal responsibility, I would just say that I believe this behavior by my brother is the result of things beyond his control. (severe case of ADDHD, a behavior reaction to aderol and a very inconsistent treatment for it, past abuse at home, being in a class with many of the same types to feed off of.)

Of course these could all be excuses and I am just fooling myself.

FirstandGoal
1/6/2006, 12:46 PM
Thanks everyone.

On a side note, I have found out that he hasn't been taking his aderol (sp?) for his ADDHD.

I think this may have contributed to what happened in school. I think I am going to appeal the suspension he received because of this.

And if you think I am being even slightly hypocritical in my stances that I take on other issues in regards to personal responsibility, I would just say that I believe this behavior by my brother is the result of things beyond his control. (severe case of ADDHD, a behavior reaction to aderol and a very inconsistent treatment for it, past abuse at home, being in a class with many of the same types to feed off of.)

Of course these could all be excuses and I am just fooling myself.


Just make sure that you and everybody else who loves him watches him very carefully and keep him out of the wrong crowd.

Soonrboy
1/6/2006, 01:21 PM
the biggest question that the IEP will have to decide is if the action that caused him to be suspended is a manifestation of his disability. If taking adderall is causing it, then that may well be a manifestation of his disability. Let me know how it turns out.

OklahomaTuba
1/10/2006, 05:18 PM
***Update***
Well, the school did not decide to determine if the action was a manifestation of his disability before suspending him.

This is a violation of federal law from what I can tell.

I talked to the school superintendent and he said I would be getting a call about setting up a meeting for this, but I am beyond mad at this point.

Do I have recourse? Should I talk to an attorney first, or wait and have the meeting then talk to an attorney?

Thanks for any advice.

Ike
1/10/2006, 05:59 PM
***Update***
Well, the school did not decide to determine if the action was a manifestation of his disability before suspending him.

This is a violation of federal law from what I can tell.

I talked to the school superintendent and he said I would be getting a call about setting up a meeting for this, but I am beyond mad at this point.

Do I have recourse? Should I talk to an attorney first, or wait and have the meeting then talk to an attorney?

Thanks for any advice.


having only read the first post and this one, I would say go ahead and talk to an attorney. schools tend to overreact greatly when it comes to this kind of stuff because as bad as they are at educating kids, they are even worse at reading kids and being able to determine how serious a kid is when they say something stupid.

I don't know what kind of recourse you might have, but I would guess that having representation that knows what kinds of recourses are available wouldn't hurt. at the very least, it tells the school that you are dead serious.

Ike
1/10/2006, 06:04 PM
Of course these could all be excuses and I am just fooling myself.

the easiest person in the world to fool is always yourself. thats a fact across the board.

I know that doesn't really have much to do with the rest of the thread, but its always something one should be aware of.

Soonrboy
1/10/2006, 06:10 PM
Clean out your box, Tuba..I'll send you some info

OklahomaTuba
1/10/2006, 09:01 PM
Thanks Soonrboy. You have been a huge help.

So far most of my information has come from here:

www.sde.state.ok.us/acrob/speced/parentsrights2002.pdf


Manifestation Determination Review: If a disciplinary action
is contemplated for behavior of a child with a disability, as
described above, for placement in an interim alternative
educational setting for more than ten (10) school days by
school officials or as ordered by a hearing officer, or
involving a change of placement that constitutes a change of
placement is contemplated for a child with a disability who
has engaged in other behavior that violated any rule or code
of conduct of the local educational agency that applies to all
children:
(1) not later than the date on which the decision to
take that action is made, the parents shall be
notified of that decision and of all procedural
safeguards accorded under the IDEA; and
(2) immediately, if possible, but in no case later than
ten (10) school days after the date on which the
decision to take that action is made, a review shall
be conducted of the relationship between the
child's disability and the behavior subject to the
disciplinary action.

So, if I am reading this correctly, the school has to have this meeting before they decide what punishment.

This school didn't do that. They gave me a notice that my brother was suspended for the rest of the year, and when I talked to his councilor about having a Manifestation Determination Meeting, she had no clue what I was talking about.

The rights do give me information on writing a complaint letter.


A signed written complaint regarding alleged violations of
IDEA, Part B may be filed with the local school district
administrator or the State (34 CFR §§ 300.660-300.662). If
the complaint is filed with the local school district, the
complainant may request that the State review the findings. A
written complaint must include a statement that the school
district has violated a requirement under IDEA, Part B and
the facts on which the statement is based. The complaint must
allege the violation occurred not more than one year prior to
the date the complaint is filed, unless the violation is ongoing,
or there is a request for compensatory services for a violation
that occurred not more than three years prior to filing the
complaint. Relevant information may be submitted orally and
in writing regarding the alleged issue for consideration in
determining if there is a violation of IDEA, Part B. A written
letter of findings will be issued within 60 days after receipt of
a complaint, unless exceptional circumstances exist which
require lengthier involvement.

Mediation is also encouraged as an option to facilitate early
resolution of complaint issues. Information to assist in
requesting mediation or filing a complaint may be obtained by
contacting the special education director or administrator of
the local school district or Special Education Services at the
State level.

Not sure if a letter will do anything, but I hope so.

Soonrboy
1/10/2006, 10:29 PM
I pm'ed you some info