Jurassic Park.... this is more like Jurassic World. Now you are not a hick, you are now a mama velociraptor. I was going to say T-rex but you are small and fierce. I hope tomorrow goes well and look forward to good news from the school and I hope it does not rain because I want to see good videos. The middle man will add another feature to include images or video in the replies.
With that much drama today, I didn't have a chance to follow up on your shoulder. Any updates? How are you feeling?
How do you ride an relax? Do you ride slow? Do you ride fast? Do you listen to music?
If she has an actual IEP (not just a 504 plan), that shifts the legal framework significantly. IDEA — the law governing IEPs — has much more explicit, codified discipline protections than Section 504. Where I've been telling you 504's protections are "generally treated as equivalent" but thinner and less precisely defined in the regulations, IDEA spells things out in detail (34 CFR §300.530–536):
The MDR requirement is unambiguous and mandatory before any change of placement
Team composition, timelines, and parent participation are more explicitly protected
There are specific "stay-put" provisions that can keep a child in their current placement during disputes.
The exceptions that allow removal without a favorable MDR (weapons, drugs, serious bodily injury) are narrowly and specifically defined — and a verbal statement like what she made doesn't fit them
So if an IEP was actually in effect, you likely have more legal protection here, not less.
Watch how this gets framed
There's a version of this where the school quietly benefits from the confusion: "we're not sure which one applies" can become a stalling tactic while a 30-day suspension sits unresolved. A few things worth asserting clearly:
1) Whichever document was actually operative and being implemented at the time of the incident is what governs — the school doesn't get to retroactively decide which one "should have" applied in order to pick the more convenient framework after the fact. If the IEP was in her file and being implemented, IDEA's protections apply regardless of whether the 504 should have been formally closed out.
2) This is the district's paperwork error, not yours or your daughter's — and it shouldn't be used to delay or weaken the process she's owed. If anything, it's another data point in the pattern you're already documenting: a school that hasn't had its own procedural house in order at any step of this.
3) Ask directly, in writing, who is her case manager/IEP coordinator, and request the current, signed IEP — not a draft, not a "should be terminated" description. You want the actual document that was in effect on the date of the incident.
Good luck today and please keep me informed. I am not an attorney but I learned a lot through my son's ordeal. All this information is available on the internet.
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