Our first indication there was a problem was The Cat's first meltdown when the called the police who arrested The Cat and put her in handcuffs (in the midst of her meltdown she struck the officer with a book).
Things went downhill from there. The school tried to change The Cat's disability and re-write the IEP. When I our daughter didn't go along, the next meltdown The Cat had they suspended her, eventually for 10 days which meant a manifestation hearing to determine whether The Cat's behaviors were related to her disability. Before the hearing we got a document from the district detailing events with Expelled written across it.
When we walked into the hearing the document of the hearing had already been filled out including the finding that her actions were deliberate and intentional and not related to her autism or explosive disorder. We went through the motions, but in the end all they did was sign the document they brought with them. At the end one of the District 51 people said that they could not find that The Cat's behavior was related to her disability because that would give The Cat carte blanche to be violent and destructive. Sounds like the decision was related to the district 51 needs and not The Cat's disabilities.
We have filed an appeal called "due process" When this started the local disability law center said they would represent us if it came to that. When we went there for help there said they lacked the resources. I checked with the state disability law office in Denver and got the same response. We've contacted all the local disability law firms we know of and some in Denver - they replied that they cannot take us on pro bono. One firm recommended by a friend wanted $30,000 and said we would be fools to try to represent ourselves in a due process hearing.
The district decided to proceed with expulsion. We went to the hearing and lost (we still have the due process hearing). I got the notice today that The Cat has been expelled for 1 year. That is on hold until after the due process hearing.
We have a mediation hearing. Monday, but the district's attorney said they will not change the manifestation hearing results.
The school district filed a police report and the DA says that unless The Cat admits what she did, expresses remorse, attends a class and works off damages they will press charges and take her to court. If she loses there she is looking at up to 18 months in Juvie. The Cat is 11.
We have filed a complaint with the State of Colorado, but that will not help us or The Cat now. The whole thing hinges on the districts desire to criminalize The Cat's disability.
I know this isn't right, but we all know cases where right looses to might.
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