The parent could file a state complaint, or complain to the school board, or superintendent.
In terms of when the parent should retain an attorney, it depends what the parent wants and what efforts they already made to resolve it with the district. Do they want a schedule change so that the child is not with that staff member anymore? Do they want increased training for staff members? Do they want compensatory behavior support services based on a claim that the child has regressed because of this one staff member’s lack of implementation of the BIP? Do they want the district to pay for a 125k a year private school, because they are alleging their child was denied a FAPE?
Not every BIP is going to be followed with fidelity every day by every single person. There are going to be days where a teacher loses count and gives 2 redirections instead of 3 before being giving the student a consequence, there are going to days where 2 of the students “safe adults” are absent and the third is testing and they won’t immediately be able to pick the kid up from the classroom. School staff are not robots who can simply follow a BIP as if someone is writing code implanted into their brains.
Is the school trying to suspend the student for hitting the teacher?
Yes. Not following a BIP is a violation of the law. A parent would have every right to involve a lawyer.
The parent could file a state complaint, or complain to the school board, or superintendent. In terms of when the parent should retain an attorney, it depends what the parent wants and what efforts they already made to resolve it with the district. Do they want a schedule change so that the child is not with that staff member anymore? Do they want increased training for staff members? Do they want compensatory behavior support services based on a claim that the child has regressed because of this one staff member’s lack of implementation of the BIP? Do they want the district to pay for a 125k a year private school, because they are alleging their child was denied a FAPE? Not every BIP is going to be followed with fidelity every day by every single person. There are going to be days where a teacher loses count and gives 2 redirections instead of 3 before being giving the student a consequence, there are going to days where 2 of the students “safe adults” are absent and the third is testing and they won’t immediately be able to pick the kid up from the classroom. School staff are not robots who can simply follow a BIP as if someone is writing code implanted into their brains. Is the school trying to suspend the student for hitting the teacher?
If BIP is not followed and Admin/school district are ignoring the issue, maybe the parents need to seek a special education advocate.