Parents in Barstow Unified School District (BUSD) face a worrying reality: the district has one of the lowest graduation rates for special education students in the region, often falling below 68%. Even more alarming is the district's history of "punitive, exclusionary discipline."
If your child is being sent home, suspended, or threatened with expulsion for behaviors related to their disability, you need to know that the district has been caught breaking the law before.
State DOJ Findings: A Pattern of Discrimination
In August 2020, the California Department of Justice concluded an investigation into BUSD that uncovered shocking statistics about how the district treats students with disabilities.
Illegal Suspension Policies
The DOJ found that BUSD had a written policy allowing for 10 consecutive days of suspension for a single incident. This violates California law, which generally caps single suspensions at 5 days.
Targeting Vulnerable Students
High school students with disabilities were found to be 2.3 times more likely to be suspended than their peers without disabilities.
Legal Reality: While the district is under a corrective action plan, old habits die hard. Parents report that informal suspensions—"just come pick him up early"—are still common.
Your Defense: The Manifestation Determination
If the school tries to suspend your special education child for more than 10 days in a school year (total), they MUST hold a Manifestation Determination Review (MDR). This is a hearing to decide if the behavior was caused by the child's disability.
The Two Key Questions
The team must answer "YES" to one of these questions to stop the expulsion/suspension:
- Was the conduct caused by, or did it have a direct and substantial relationship to, the child's disability? (e.g., a student with Tourette's swearing, or an autistic student hitting when overwhelmed).
- Was the conduct the direct result of the district's failure to implement the IEP? (e.g., the student acted out because the aide they were supposed to have wasn't there).
How an IEE Can Save Your Child's Placement
Districts often try to argue "NO" to the questions above. They might say, "He knew what he was doing, so it's not his ADHD." This is where an Independent Educational Evaluation (IEE) becomes your strongest weapon.
Proving the Link
An independent psychologist can document exactly how your child's disability affects their impulse control, emotional regulation, or understanding of consequences. This professional opinion can override the school administrator's assumption that the child is "just being bad."
Exposing IEP Failures
An IEE often reveals that the district has been failing to provide necessary behavioral supports (like a Behavior Intervention Plan) for years. If the behavior happened because the school failed to support the child, they cannot punish the child for it.
Protecting Barstow Students
Discipline Defense
Our reports are frequently used in Manifestation Determination meetings to prove the connection between disability and behavior.
Behavioral Expertise
We specialize in Functional Behavioral Assessments (FBAs) that go deeper than the standard district "observation."
Independent Voice
We are not employed by Barstow Unified. Our only loyalty is to the accurate assessment of your child.
Stop the Suspension Cycle
Don't let Barstow Unified push your child out of the education system. If you are facing a discipline hearing or disagree with a district FBA, call us immediately.
