Could mainstream school ask my autistic son to leave in Year 2?

[K123h]

Looking for advice and possibly some reassurance.

My DS has been diagnosed with Autism, he already has a ECHP also a side note he’s a type1 diabetic. He will be going into year 2 in September. We were hoping he would be going to a sen school as his mainstream school can provide for him but my ds does have some difficulties (he’s not violent in any shape or form) his class adore him he just can’t stay still, he does learn the school curriculum in his own way but we as parents thought it would be better for him to go to a specialist school unfortunately the only sen school has declined him ( no idea why) as it was his mainstream school who put it forward. His mainstream stream school now want a meeting to go for possible next steps. His ECHP was only accepted this year before anyone asks why we discussed the sen school now and not before.

Just wanted some reassurance that my ds won’t get kicked out of his mainstream (probably overthinking) but has anyone been in this position

thankyou in advance

unfortunately the only sen school has declined him ( no idea why)

Is the special school wholly independent?

Are you appealing the EHCP?

Have you looked at other schools within travelling distance including those out of area and independent schools? Usually the recommended travel time is 45 mins for primary, but some travel further.

The current school can’t just ask DS to leave.

The school could look to permanently exclude, but they would have to follow the proper process and can’t just do it because they feel like it or because they can’t meet DS’s SEN. From your post, it is highly unlikely they would have grounds to permanently exclude.

The school could request an early review of the EHCP and state they can’t meet needs. However, the LA may not amend/continue to name them anyway.

In my area there is only one Sen school, it’s a mainstream with a Sen department. The next Sen school I believe is about a 2 hour drive.

I don’t want him to go to another school, this school is brilliant with him his 1:1 as had amazing effect on him, his peers are amazing with him and understanding (he doesn’t disrupt the class) he’s the class clown and the children tell me all sorts of stories about him. He’s come on a lot, In the past 2 years. It’s going into year 2 where curriculum is alot different to reception and year 1 and will he cope. It’s what’s best for my DS, we’ll see how this meeting goes.

I guess I’m just over thinking about him getting permanently excluded. I’ve never been in this position before.

For non-wholly independent schools, the LA must name your preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs or
-Attendance would be incompatible with the provision of efficient education for others; or
-Attendance would be incompatible with the efficient use of resources.

Unless the LA can do this, which is a higher bar than LAs and many schools admit, the LA can and must name your preferred placement even if the school objects.

In my area there is only one Sen school, it’s a mainstream with a Sen department.

Firstly, it will help you to know if it is a SEN school (i.e. a special school) or if it is mainstream (potentially with a unit/base/provision). Secondly, if it isn’t wholly independent, then the above applies. So, if this other school is actually your preferred placement, did you appeal and ask the LA for some specifics about the refusal?

The next Sen school I believe is about a 2 hour drive.

I would check this, especially as DS gets older and more options generally open up. You can search for schools here.