🏫 HENRY SLATER SPECIAL EDUCATION CASE
Legal Document Summary & Rights Analysis
⏰ CRITICAL DEADLINE
Suspension Review Request Due: February 21, 2026
Contact: Renee Fitzsimmons, Assistant Superintendent
Email: rfitzsimmons@lfschools.net
📋 DOCUMENTS IN THIS CASE FILE
1. ABC Tracking Sheet (February 3-9, 2026)
What it is: Functional Behavior Assessment data tracking Antecedent-Behavior-Consequence patterns
Key Evidence:
- 6 documented incidents of physical aggression in one week
- Primary trigger: "Lost a game" (29% of incidents)
- Standard school response: Remove from setting + adult assistance
- 100% de-escalation success rate when removed
- Pattern shows impulse control issues, not willful misconduct
2. Extended Behavior Log (September 2025 - January 2026)
What it is: Comprehensive incident history spanning 5+ months
Key Evidence:
- September: Throwing objects, hitting peers, throwing furniture
- October: Choking peers, destruction of property, running from classroom
- December: Breaking TV, ripping artwork, attempted fish tank damage
- January: Swearing, writing on walls, attempting to leave school grounds
- School has been using Mrs. Gruender's room as break space since September
- Progressive escalation shows ongoing disability accommodation needs
3. Official Suspension Notice (February 11, 2026)
What it is: Formal disciplinary action from Principal Megan Eigenrauch
Key Facts:
- Duration: 3 days (February 12, 17, and 18, 2026)
- Return date: February 19, 2026
- Reason: "Gross disobedience and/or misconduct" per Policy 7:190-21
- Cited incidents: Feb 10-11 physical aggression, property destruction, verbal threats
4. ABC Visual Report Summary
What it is: Statistical analysis of behavioral patterns
Key Evidence:
- 71% of incidents involve physical aggression
- Consistent trigger: Losing games/frustration with transitions
- Standard intervention: Removal from setting (57% of responses)
- School has documented this pattern and been accommodating it
⚖️ LEGAL FRAMEWORK & RIGHTS
The Individuals with Disabilities Education Act (IDEA)
Henry has an IEP, which means federal protections apply:
1. Manifestation Determination Review (MDR)
- Must be conducted if cumulative suspensions exceed 10 days
- Determines if behavior was caused by or directly related to disability
- Our position: The ABC data proves behaviors are disability manifestation
- School must hold MDR within 10 school days of suspension decision
2. Stay-Put Provision
- Henry cannot be moved to more restrictive placement during MDR
- He must remain in current placement pending review outcome
- Applies immediately upon MDR request
3. Free Appropriate Public Education (FAPE)
- Suspension cannot deny access to education
- Must provide make-up work for equivalent credit
- If behavior is disability-related, suspension may violate FAPE
Illinois State Law
- Section 10-22.6: Governs student discipline procedures
- Requires written notice with specific charges
- Grants right to review within 10 days
🎯 OUR LEGAL ARGUMENT
The Behaviors Are Disability-Related
The evidence demonstrates Henry's behaviors stem from:
- Impulse control deficits (reacting to losing games)
- Difficulty with transitions (hallways, clean-up times)
- Emotional dysregulation (escalation followed by de-escalation)
- Response to accommodations (100% de-escalation when removed)
The School Has Long Known About These Behaviors
- 5+ months of documented incidents (Sept 2025 - Feb 2026)
- School has been using break room strategy since September
- This is NOT new behavior that justifies sudden "gross misconduct" classification
The Suspension Contradicts Prior Practice
- School has been accommodating these same behaviors for months
- Their standard intervention (remove from setting) acknowledges disability needs
- Calling it "misconduct" now is inconsistent with their prior treatment
🚨 IMMEDIATE LEGAL RIGHTS & DEADLINES
| Action |
Description |
Timeline |
| Manifestation Determination Review (MDR) |
Formal meeting to determine if behavior is disability-related |
Must be requested within 10 school days |
| Suspension Review |
Challenge the suspension itself |
February 21, 2026 (10 days from notice) |
| Emergency IEP Meeting |
Address whether current IEP/BIP is adequate |
Can be requested at any time |
📊 STRATEGIC CONSIDERATIONS
Strengths of Our Position
- Extensive documentation showing disability-related pattern
- School's own ABC data proves they've been accommodating
- 100% de-escalation rate shows supports work
- 5-month history contradicts "sudden misconduct" claim
Potential Issues
- February 11 escalation was severe (verbal threats, multiple staff injuries)
- Property damage (broken phone, TV) creates liability concerns
- Safety issues may trigger "dangerous behavior" arguments
Recommended Approach
- Request MDR immediately (within 10 school days)
- Request suspension review simultaneously
- Frame as "IEP inadequacy" not "misconduct"
- Emphasize school's knowledge and prior accommodations
- Seek independent evaluation if MDR finds no manifestation
✅ NEXT STEPS CHECKLIST
| Task |
Status |
Priority |
| Request MDR in writing |
⏳ Pending |
🔴 HIGH |
| Request suspension review by Feb 21 |
⏳ Pending |
🔴 HIGH |
| Contact special education attorney |
⏳ Pending |
🔴 HIGH |
| Gather all IEP documents, BIP, FBA |
⏳ Pending |
🟡 MEDIUM |
| Prepare for MDR meeting |
⏳ Pending |
🟡 MEDIUM |
| Document any retaliation or denial of services |
⏳ Pending |
🟡 MEDIUM |
📞 IMPORTANT CONTACTS
School Administration
- Principal: Megan Eigenrauch (meigenrauch@lfschools.net)
- Assistant Superintendent: Renee Fitzsimmons (rfitzsimmons@lfschools.net)
Legal Resources
- Whitted Takiff LLC: 847-564-8662
- ISBE Special Education: (217) 782-5589
Advocacy
- Family Resource Center on Disabilities: (312) 939-3513
- Illinois State Board of Education: www.isbe.net
📅 CASE TIMELINE
| Date |
Event |
| Sept 2025 - Jan 2026 |
Documented behavioral incidents; school uses break room |
| Feb 3-9, 2026 |
ABC tracking shows 6 incidents in one week |
| Feb 10, 2026 |
Incidents: Slapping, pushing, phone breaking |
| Feb 11, 2026 |
Incidents: Kicking, threats, property destruction |
| Feb 11, 2026 |
Suspension notice issued (3 days) |
| Feb 12, 2026 |
Suspension Day 1 begins |
| Feb 19, 2026 |
Return to school (if no further action) |
| Feb 21, 2026 |
DEADLINE: Suspension review request |
| Within 10 school days |
MDR must be held if requested |
📝 CONCLUSION
The evidence strongly supports that Henry's behaviors are a manifestation of his disability. The school has been accommodating these same behaviors for over 5 months, which undermines their position that this is sudden "gross misconduct." The ABC data demonstrates clear disability-related triggers and effective interventions, suggesting the IEP/BIP needs strengthening rather than disciplinary removal.
The 3-day suspension is concerning but not catastrophic. The critical issue is protecting Henry's right to a FAPE and ensuring the IEP team addresses his behavioral needs appropriately. The MDR process is our primary tool to prevent further disciplinary action and secure appropriate supports.
Remember: The suspension review request must be submitted in writing by February 21, 2026. Do not miss this deadline or you waive your right to challenge the suspension.