When the School Calls to Pick Up Your Child for Behavior

School calls to pick up child due to behavior

Written by Michelle Reed-Harris

With over 15 years in special education advocacy, I draw from personal experience and a scientific background to empower families. Diagnosed with learning disabilities in my 40s, I understand firsthand the challenges of unmet needs. As a parent of children with diverse needs, including surviving quadruplets with autism, I’m passionate about guiding families in effective advocacy, interpreting educational data, and promoting inclusive support.

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November 2, 2024

Handling School Calls to Pick Up Your Child:
A Parent’s Guide to Protecting Your Rights

Every parent dreads seeing the school’s number pop up during the day, especially when it concerns behavioral issues. These calls can create a wave of anxiety, disrupt work and plans, and leave parents questioning their next steps. But what if there was a way to turn these moments into opportunities to advocate for your child and ensure they receive the support they need? Understanding your rights and knowing how to respond can make all the difference in protecting your child’s education and well-being.

The Reality of School Calls for Behavioral Issues

When the school calls and requests that parents pick up their child due to behavioral issues, it can signal deeper systemic issues beyond immediate concerns. While some calls may be warranted to ensure the safety and well-being of the student and others, many calls can be improper and potentially violate the rights of students, especially those with disabilities. These instances might include:

  • Informal Removals: Schools may request that a parent pick up a child without formally suspending the student, a practice known as an “informal removal.” Though seemingly innocent, this type of action can disrupt a student’s educational experience and may violate their right to a Free, Appropriate Public Education (FAPE). If informal removals are repeated without proper documentation and procedural safeguards, they can be considered a pattern of exclusion and may require formal action by the IEP team.
  • Unofficial Suspensions: Sometimes, schools may ask parents to take their child home without officially logging it as a suspension. This can avoid the procedural requirements of IDEA, such as convening an IEP meeting if suspensions accumulate beyond 10 days in a school year. Such practices skirt accountability and can lead to the denial of appropriate educational support​.
  • Inconsistent Implementation of IEPs: If a student’s behavior stems from a failure to implement their IEP or Behavior Intervention Plan (BIP), removing the student from school without first addressing these gaps may not only be ineffective but could also breach federal protections for students with disabilities. The IEP team must ensure that all behavioral supports outlined in the IEP are effectively in place and reviewed when behavior challenges arise​.
  • Lack of Positive Interventions: Schools should use positive behavioral interventions and supports (PBIS) before resorting to punitive measures. If a student’s behavior indicates the need for further evaluation, such as a Functional Behavioral Assessment (FBA), this must be conducted to inform the development or adjustment of a BIP​.

mom picking up her child from school

 

Why You May Not Want School Calls to Pick Up Your Child Due to Behavior Recorded as a Suspension

When a school frequently calls for you to pick up your child due to behavior issues, it may seem reasonable to let them record these instances as suspensions. However, there are significant reasons to consider documenting these removals yourself rather than allowing the school to formally record them:

  • Avoiding an Unprepared Manifestation Determination Review (MDR): Multiple recorded suspensions can trigger an MDR after 10 cumulative suspension days in a school year. While MDRs are meant to determine if the behavior is connected to your child’s disability, they are complex and require thorough preparation. Most parents find that having an advocate is essential to ensure a fair process and a positive outcome. Facing an MDR without being fully prepared can be overwhelming and may lead to decisions that are not in your child’s best interest.
  • Labeling as a Discipline Problem: If behavior incidents are repeatedly documented as formal suspensions, your child may be unfairly labeled as a discipline problem. This can shift the focus from addressing the root cause of the behavior to managing discipline alone. Such a label can influence how your child is perceived by school staff, potentially affecting future educational plans and limiting opportunities for inclusive education.
  • Risk of Transfer Recommendations: A formal trail of documented behavioral issues can lead the school to recommend a change in placement, such as moving your child to a program for students with significant behavioral challenges. These programs might not provide the tailored, supportive environment your child needs to thrive and succeed.
  • Increased Risk of Disciplinary Disparities: Formal documentation of behavior incidents can contribute to patterns of exclusionary discipline, which often disproportionately affects students with disabilities. By choosing to document incidents yourself, you help maintain focus on equitable treatment and avoid reinforcing any unfair disciplinary practices.
  • Managing Change of Placement Risks: Recording repeated suspensions can lead to an administrative change of placement under IDEA. Such decisions can remove your child from their current educational setting and shift them to a more restrictive environment. Keeping control over how incidents are documented helps prevent sudden or poorly managed placement changes that may not meet your child’s needs.
  • Access to Proactive Supports: When behavior incidents are managed informally, it gives parents an opportunity to highlight the need for better in-school behavioral supports without the weight of a formal disciplinary record. This helps maintain focus on positive behavioral interventions and solutions, ensuring that the school adheres to IDEA requirements for providing a Free Appropriate Public Education (FAPE).

While informal removals might seem less serious than formal suspensions, schools must treat them with the same level of accountability under IDEA. Undocumented informal removals will not show patterns of exclusion, which schools must address proactively. Parents should document all removals—whether formal or informal—by following up with an email to the school. This practice ensures a clear record that tracks both the frequency and reasons for removals. At the same time, schools must document and respond to repeated removals to avoid violating the child’s right to a FAPE. By creating this documentation, parents can demand appropriate interventions, such as FBAs, without prematurely escalating to a MDR unless truly necessary.

Using the Current IEP to Address and Reduce Behavior Issues

An IEP is designed to provide tailored support and accommodations to help a child succeed academically and behaviorally. If your child is experiencing behavior issues that lead to calls from the school, it’s essential to utilize the current IEP to proactively address these challenges. Here’s how:

  • Review Current Accommodations: Ensure that the accommodations outlined in the IEP are being implemented effectively. Accommodations such as scheduled sensory breaks, a quiet space to self-regulate, or specific positive reinforcement strategies can significantly affect behavior management.
  • Implementing Positive Behavioral Interventions: Ensure the IEP includes positive behavioral interventions and supports (PBIS). These strategies help prevent issues by teaching and reinforcing desirable behaviors rather than focusing solely on consequences for negative behavior.
  • Functional Behavioral Assessment (FBA): If the current supports aren’t enough, ask for an FBA to identify the root causes of behavior. The FBA’s results can inform adjustments to the IEP and help develop or revise a Behavior Intervention Plan (BIP).
  • Update Behavioral Goals: If behavior issues persist and your child already has a BIP, consider requesting an IEP meeting to update or add behavioral goals. If more than a year has passed since the last FBA you may want to request a new FBA and BIP be created. Goals should be specific, measurable, and designed to help your child develop self-regulation and social-emotional skills.

Positive Behavioral Interventions and Supports (PBIS) play a crucial role in teaching and reinforcing desirable behaviors. Schools actively include PBIS in frameworks such as Response to Intervention (RTI) and Multi-Tiered Systems of Support (MTSS). This supports all academic and behavioral needs, including intensive ones. These frameworks use Functional Behavioral Assessments (FBAs) and Behavior Intervention Plans (BIPs) as part of bigger plans to give each student a personalized set of interventions. Parents should ensure their child’s IEP includes PBIS and that interventions align with MTSS and RTI efforts to address behavior comprehensively and equitably.

Building on PBIS and MTSS, FBAs can not only respond to persistent behavior issues, but they can also proactively identify potential triggers and design preventative strategies. The Office of Special Education Programs (OSEP) urges schools to integrate FBAs early and create supportive environments that reduce the likelihood of behavioral challenges, even for students without repeated disciplinary actions. Parents can request an FBA if they notice patterns of behavior interfering with their child’s ability to access education, even if those behaviors have not yet led to formal disciplinary action. This proactive approach ensures interventions reflect a clear understanding of the child’s needs.

IEP and school discipline

Understanding Your Child’s Rights Under IDEA and Section 504

Under the Individuals with Disabilities Education Act (IDEA), schools are required to provide Free Appropriate Public Education (FAPE) and cannot exclude students solely based on behavior related to their disability. This is emphasized in 34 C.F.R. § 300.101, which mandates that all students with disabilities have access to educational opportunities without unjust exclusion. If behavior issues are persistent, the school should convene the IEP team to:

Federal regulations, such as 34 C.F.R. § 300.530, also specify that if suspensions reach more than 10 days in a school year, an MDR must be conducted to determine if the behavior is a manifestation of the child’s disability. This step ensures that disciplinary actions align with the student’s rights under IDEA.

Section 504 of the Rehabilitation Act of 1973 further protects students by ensuring they are not discriminated against and have equal access to educational opportunities. Repeated informal removals that are not documented as suspensions can be a form of exclusion and may constitute a denial of FAPE. Such practices can violate a student’s right to appropriate accommodations under Section 504.

Implicit bias influences disciplinary actions and perceptions of student behavior. OSEP’s recent guidance highlights how exclusionary discipline practices disproportionately impact students from historically marginalized communities, including students of color and those with disabilities. Parents play a critical role in addressing these disparities by ensuring that their child’s behavioral needs are understood in context and supported with appropriate measures, not punitive actions. Parents can also advocate for transparent, unbiased implementation of FBAs and BIPs to promote equity in behavior management.

Key Court Cases Supporting These Rights

  • Endrew F. v. Douglas County School District RE-1 (2017): The Supreme Court set a higher standard for IEPs, stating that they must be reasonably calculated to enable a child to make progress appropriate in light of their circumstances. If a school fails to provide meaningful behavioral supports, it may not meet this standard, thus failing to provide FAPE.
  • Honig v. Doe (1988): This landmark case held that schools cannot unilaterally exclude students with disabilities for behavior that is related to their disability without following the procedural safeguards outlined in IDEA, such as the MDR.
  • Letter to Zirkel: Provides guidance indicating that repeated informal removals may amount to a pattern of exclusion, thus requiring schools to treat them as suspensions and apply IDEA’s procedural safeguards.

Federal Guidance and Implications

Guidance from the Office for Civil Rights (OCR) and the Office of Special Education Programs (OSEP) reinforces that schools must not use informal means, such as repeated parent pickups, to exclude students without following due process. Schools are obligated to address behavior through positive interventions and appropriate supports rather than resorting to repeated exclusions.

These laws, court rulings, and federal guidance ensure that schools are held accountable for providing appropriate support and preventing discriminatory practices. Parents should be aware that excessive or undocumented removals could signal a violation of these protections and hinder their child’s access to FAPE.

IEP behavior issues

How to Document and Respond When the School Calls

When the school calls you to pick up your child, follow these steps to protect your child’s rights:

  1. Ask if This Is a Suspension: Clarify if the pickup is an official suspension or simply a request. Schools cannot legally force you to pick up your child unless they are suspending them for disciplinary reasons.
  2. Document the Call in Writing: Immediately follow up the call with an email detailing who called, why they called, and your willingness to help BEFORE leaving to pick up your child from school. This ensures there is a written record that shows the school is unable to support your child without sending them home. If you are asked to sign your child out of school be sure to write the reason you state, “Called by school staff to pick up my child due to child being unregulated.

Sample Email Template

Subject: Follow-up on Request to Pick Up [Child’s Name]

Hi [Principal’s Name] and [Teacher’s Name],
CC: [IEP Case Manager and District Special Education Director]

I’m writing to follow up on the call I received on [date and time] from [caller’s name]. I was asked to pick up [child’s name] because [reason given by the school].

While I’m willing to comply, I want to note that [child’s name] clearly needs additional support to stay in school and complete the school day successfully. I look forward to [Name of IEP Case Manager or Section 504 Coordinator] scheduling an IEP meeting [or 504 meeting] to discuss solutions to help [child’s name] remain in school.

Thank you,
[Your Name]

Requesting an IEP Evaluation: Taking the Next Steps

If your child does not have an IEP, or if the current IEP isn’t working, it’s time to request an evaluation. This request should be made in writing to ensure it triggers the school’s legal obligation under Child Find, 34 C.F.R. § 300.111, to evaluate a child suspected of needing special education services​.

Sample Request Email

Subject: Request for Initial Evaluation for IEP for [Child’s Name]

Dear [Principal’s Name],

I am formally requesting an evaluation for special education services for my child, [child’s name]. [He/She/They] have been experiencing [describe issues, e.g., ongoing behavioral challenges] that interfere with [his/her/their] ability to participate and succeed in the general education curriculum.

Please confirm receipt of this request and let me know the next steps.

Thank you,
[Your Name]

If you would like a more customized letter that may be more impactful, please look into purchasing a Bronze membership with PASEN.org. You can then speak to a professional advocate for under $50 per hour. 

Final Thoughts

You have the power to advocate for your child’s educational and behavioral needs. Document all removals, request proactive assessments like FBAs, and ensure your child’s IEP includes positive supports within an MTSS/RTI framework. Seek assistance from advocacy organizations, like PASEN, to navigate these processes and secure the interventions your child needs. Act early and collaborate with the school to prevent exclusionary disciplinary practices and help your child achieve FAPE in school. 

unofficial suspensions in schools

FAQs on School Calls to Pick Up Your Child Due to Behavior Issues

Q1: Can a school require me to pick up my child due to behavioral issues without officially suspending them?
A1: No, schools cannot require you to pick up your child for behavioral issues without officially suspending them. Informal removals, where a child is sent home without being officially suspended, may violate your child’s right to a Free Appropriate Public Education (FAPE) under the Individuals with Disabilities Education Act (IDEA). Suppose the number of days accumulates to more than 10. In that case, the school must convene an IEP meeting to review and possibly revise the IEP, and conduct a Functional Behavioral Assessment (FBA) if necessary.

Q2: What should I do if the school frequently calls me to pick up my child due to behavior problems?
A2: If the school frequently requests that you pick up your child, consider the following steps:

  • Clarify the Situation: Ask if the request is an official suspension. If not, you are not obligated to pick up your child.
  • Document the Incidents: Keep a record of each instance, including dates, times, reasons provided, and any communications with school staff. Send an email to the person who called with the details you collected.
  • Request an IEP Meeting: If your child has an IEP, request a meeting to review and possibly revise it to address the behavior issues, which may include conducting an FBA and updating the Behavior Intervention Plan (BIP).
  • Seek Advocacy Support: Reach out for assistance with organizations like PASEN.org to help protect your child’s rights.

Q3: How can I use my child’s IEP to address and reduce behavioral issues?
A3: An IEP is designed to provide individualized support for your child. To address and reduce behavior issues:

  • Review Current Accommodations: Make sure the accommodations outlined in the IEP are effectively implemented.
  • Implement PBIS: Ensure the IEP includes strategies that teach and reinforce positive behaviors.
  • Conduct an FBA: If current supports aren’t sufficient, request an FBA to identify the root causes of the behavior.
  • Update Behavioral Goals: Set specific, measurable goals to help your child develop self-regulation and social-emotional skills.

Q4: What are my child’s rights under IDEA and Section 504 regarding disciplinary actions?
A4: Under IDEA, schools must provide FAPE and cannot exclude students based on behavior related to their disability without due process. If behavior issues persist, the school should convene the IEP team to:

  • Review and revise the IEP as needed.
  • Conduct an FBA and update the BIP. Section 504 of the Rehabilitation Act of 1973 also ensures that students are not discriminated against and receive equal access to educational opportunities. Repeated informal removals that are not documented as suspensions could be considered discriminatory and may violate FAPE.
  • Seek Advocacy Support: Reach out for assistance with organizations like PASEN.org to help protect your child’s rights.

Q5: What is a Manifestation Determination Review (MDR), and when is it required?
A5: An MDR is a process used to determine if a student’s behavior is directly related to their disability. Under IDEA, schools must hold an MDR if a student with an IEP is suspended (or informally removed) for more than 10 cumulative days in a school year. Similarly, Section 504 requires an MDR for students with 504 plans when disciplinary actions result in a significant change of placement, such as exceeding 10 cumulative suspension days. This review ensures that any disciplinary action aligns with the student’s rights and that appropriate supports are provided if the behavior is connected to their disability. If you are informed that an MDR will take place, contact advocacy organizations like PASEN to ensure you are prepared and that your child’s rights are fully protected during the process.

References

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