for lawyers and parents of ADHD children only?

Question

My son has ADHD. This causes some behaviors. Can the school leagally kick him off the bus for the behaviors caused by the dissability without trying alternate masures fist. He is not beating people up or anything just won't sit down and is loud. I would like to know if this is covered under some sort of discrimination as the behavior is caused by the dissability. Thank you for any help you can give me.

I relize he needs to follow rules. I didn't ask this question to be critized. Im also not asking you to judge my son.

Answer 1

My son is 8 and he is ADHD also and last year he had gotten thrown off the bus also for not sitting and being too loud. What we were told my school officials was that they could do it because it was disruptive to the other children who were going by the rules. The school is well aware of my sons behaviors and we do not really get much support from them. He does take medicine he is on Aderall and the school has the attitude that he is medicated so he should have no behavior but that is not the case. I feel schools just don't want to take the time to work with these children and catorigize them as not wanting to listen and trouble makers. But as we both know that is not the case with children with ADHD they can do very well if they are given the chance too.

Answer 2

i am going to look at this from three different angles(at least)
first and formost i am the parent of, and the spouse of a person with adhd
second i have been a teacher and bus aide
third i have been a parent child advocate for children with special needs for over 27 years.

first ??--as already stated your child can be kicked off the bus if he does not follow the rules(my son was kicked off the bus several times during his school yrs) the school can and will make allowances in the classroom, halls, and school yard but they cannot and usually will not make special allowances on the bus unless the child rides a handicapped bus to a handicapped facility(usually not something done as the cost is astronomical and kept for seriously physically handicapped)
second--any disruptive behavior no matter what the status of the child is NOT allowed on the buses for lots of reasons--mainly because of the great safety issues.
third--discrimination involves not allowing your child access to the same things all other children are doing--any child who does not follow the rules will suffer the consequences.

some of the things you can do to help your child are
practice riding the bus (city or pretend), ride the school bus with him(ck with your school first, to see how he acts there) tell him what is acceptable how and where to sit, show him how to act on the bus(paying the fare, moving down the row, taking a seat and staying there)
most children need to have the proper behavior modeled to them several times before they understand. maybe give him a book or some small toy to keep in his backpack to use only on the bus(like grownups do read the paper, do puzzles, talk quietly--another reason for the modeling)

if your child does not already have an iep(individual education plan) in place get started in setting one up. read up on public law 94-142, the IDEA and ADA laws. they can teach you more about the whats and whys of how children with special needs are educated, in the most approiate settings for each child...and ck with your local school district they usually have parent-child advocates or something similar to further help you.
good luck,

Answer 3

At the beginning of the school year you are usually given a list of school rules within those rules are a bus code of conduct... And a list of consequences.. One of which is suspension from the bus with the parent begin responsible for providing alternate transportation for the child...

Even a child with ADHD is expected to be able to sit quietly on the bus for the safety of others... Your child was putting everyone on the bus and other drivers on the road in danger due to his behavior... His behavior was distracting the driver, and therefore a danger, his behavior was a violation of the bus code of conduct which is in place to help insure bus safety...

If an accident occured both you and the school district can and would be held liable for damages, injury, and death that might have occured... That is why in the code of conduct suspension of bus privledges is one of the consequences...

Yes it is perfectly legal for school district to revoke a students bus privledges (Yes it is a priveledge) for breaking the code of conduct... Schools are charged with educating children as thier job... Riding the bus is a service a priveledge for the students, not something a district is rquirred by law to provide to the students...

It is the parents responsibility not the schools to insure a childs attendance... Many schools provide a bus service to help in transportation but it is not something they are requirred to provide and can thus revoke the priveledge based on behavior...

If your childs ADHD is so sever that he is unable to sit still he should not be riding the school bus with the other children, you as the parent should have gone to the school and requested special bussing (Each district that buses children has a special bus for picking up disabled children)..

Your son broke a very basic bus safety rule, and has lost his bus riding priveledge.. It is now your reponsibility as the parent to provide alternate transportation not the schools... And once again yes the school is perfectly within it's rights whether your child is purple, green, blue, legless, armless, ADHD, or had any other disability or difference... He violated the rules and he and you are now taking the consequence..

Your child has been treated exactl like any other child who breaks the code of conduct... Just because he had ADHD he does not aquirre special treatment which is exactly what you are asking for...

Answer 4

I don't know about the legal issues, but my husband and I both have ADHD. After doing some research I have found out that the cause of this very well might be an additive that your son is eating. MSG could be one that causes this. When my husband and I started taking this out of our diet we both noticed a big difference in our systems. We also started taking fish oil and this really helped us to focus better. If you would like to find out more you can get the book: Cures They Don't Want You To Know About. You may also try going to a Homeopathic Doctor. This book also labels all the code works that MSG is. Anyway, I'm sorry that I couldn't help you with you legal problem and I hope that things will work out for you.

Answer 5

No they can not kick him off the bus for that. He has a certain disability and they have to understand that. He cant help how he acts sometimes. Under certain school policies, they have things that site that discipline should be decided according to the childs disabilities. I have meeting with our school 2 times a year to go over these things and what my son needs. He isnt ADHD, but he has Aspergers syndrome, which has alot of characteristics of ADHD. I hope everything works out for you. I know these certain things can me maddening and frustrating.

Answer 6

I have a 12yr(almost 13) who is also adhd, from my experience thus far unless he has an ED(emotional disorder), BD(behavioral disorder), LD(learning disorder) or IEP( individualized education plan) they can and will treat and discipline as a normal child. You need to have special plans or him written out in order to change normal consequence to an action.Not being able to sit and being loud are reason for concern on the bus, but without a school knowledge and plan in effect they will do as usual for those behaviors.

Answer 7

THIS IS NOT OFFERED AS LEGAL ADVICE.
I only graduated from the School of Hard Knocks.

At one time, and it still may be, that in the State of Texas the eduction code was written such that it is incumbent upon your ISD to provide an education for your child commensurate with their needs. If your child has special needs then your School District is bound by law to provide for a curriculum that can be taught (and understood/retained) to your child's capabilities.
One of the first things the schools will want is for you to MEDICATE your child and you may have already crossed that bridge. Just read-up and be as informed as you can on the medicatons and the subject matter. Studying-up on this disorder was empowering for me. The next thing to watch out for is that the school will insist on giving your child THEIR test for determining THEIR DEFINITION of disability. You will want to have your child tested by other medical experts for an unvarnished, publishable opinion. The school will fight you on this. Just be patient and cool. Don't let them get your goat. That releases them from responsibility if they can introduce other circumstances into the equation. If you have other children in the school system listen closly to THEIR stories from school.
My (ex)wife and I were very much in favor of meeting our child's teachers and Principals before classes started so that they could see that we were not against them and that we recognize that our child has 'issues'. Tell them that they are the experts and you will abide by their rules, if they are fair rules. You want these poeple to see you as concerned for their well being too. Let them know that you don't just take you childs word for 'what happened' every time. The educaters are suppose to be adults, they will expect you to act as one, so you must expect them to be respectful of you and your child's feelings as well as your childs educational needs.

Good Luck and as the tee-shirt says: HANG IN THERE.

Answer 8

Loudness they shouldn't kick him off the bus, but the standing up yes. They are liable for the kids, and if yours wont sit, he is at risk. The school could get in trouble if something happened. Good luck.

Answer 9

I DIDNT THINK SO UNTIL A CLOSE FRIEND OF MINE IS GOING THRU THE SAME THING HE GOT KICKED OFF THE BUS FIRST AND NOW HE IS ONLY ABLE TO GO TO SCHOOL A HALF OF A DAY.

Answer 10

Check his diet www.fedup.com.au
He may be eating things that are setting off these behaviours.