School mishandling situation?

[screamrcat]

undefined What is the name of your state? Pennsylvania Do school administrators have the right, if they receive info 18 hrs before concerning a weapons violation, to not inform the parent of the info they have received? My 12 yr old daughter told a teacher that my 15 yr old daughter took boxcutters from art class and was going to return them to school. The next morning my daughter was searched and had boxcutters (school property) on her. She was suspended for theft but later turned into weapons violation. Smells like a set-up?! I was not informed of anything until after she was searched. Teacher stated he was ensuring safety of other students. Wouldn't I have been able to make sure students were safe had I been notified by searching her in the morning before school?
Child in question has OCD and is on Prozac and has other emotional issues. Hearing in a.m. and school wants her to sign a waiver to give up her rights so hearing can move forward. Child has no prior incidents. Fearful if waiver is signed school may make example of her but do not know if need legal defense.

 

[notsmartmark]

What rights do they want her to give up? Right of appeal? If the intent is to remove her over 10 days your daughter has some rights that she cannot give up. Anything over 10 days is considered a change of placement. If there is a change of placement, the district needs to conduct a Manifestation Determination meeting. This meeting is to determine if the behavior that might cause a change of placement is related to your child's identified disabilities. This meeting needs to occur within 10 school days of the decision to remove over 10 days. You must get a copy of your rights and responsibilities. I suggest asking for them now if you don't have a copy and review the info in it about Manifestation Determination and Functional Behavior Assessment.

If the behavior is determined to be a result of her disability and the cutter is determined to be a weapon, your daughter's current placement can be changed for up to 45 calendar days. This means she needs to still get an education. She can be taught in a different location. Services must start with at least on the 10th day that she has been out of school.

If the behavior is determined to not be part of her disability some schools say she can be removed as long as any other student would be for the same incident with the exception that she needs to continue to recieve an education in an alternative education setting.

Get your rights and read them carefully.