Is this discrimination? Help me decide.

[keepyourmouthshutox]

Sorry long post.

Ds (ASD with learning difficulties) was suspended from the communications classes he attended twice a week at a SN school. His ms teacher/Senco was told by the TA who accompanied ds that ds had hit a boy several times and then chose to sit behind a screen where he continued to make loud noises and causing disruption. Teacher made the unilateral decision to stop ds going to any more communication classes (she later said it was temporary, subject to review in Oct - no grounds for review given). I complained to LO, as provision was in the statement, although couched in very vague language. LO spoke to SN school who said that ds was doing very well, behaviour is now challenging but not more than their other students. The teacher at SN will support ms school in their decision. LO has now said that communications classes to resume when school starts.

However, am I right in thinking that he was susupended for his autisitic behaviour? Also, given that ms teacher said ds was more disruptive on the second session when he got back to school, is it reasonable to expect her to perhaps cconsider dropping one session only? To put in a transition plan between one school to the next? To ask for advice/input from Outreach Worker or Special School?

Am trying to show why school is unsuitable cos although they are trying their best, they unconsiously discriminate. Ds has been susupended twice before someone told them they were probably breaking the law.

I suppose it depends if he was making loud noises as a stim, or to deliberately disrupt.

loud noises when distressed. sometimes when excited. same punishment for making noises as for hitting.

thanks.

spoke to EHRC and they say that school is not disability aware.

Hi, if you read my threads it looks like I'm having an OCD moment with the Disability Discrimination Act but I'm researching it at the moment for my son, so have the details to hand! The Code of Practice for Schools says ; If a child is discriminated against because of a disability this can be challenged under the DDA,
Discrimination in Education may take two forms; LESS FAVOURABLE TREATMENT of a disabled child [ Disabled in this instance meaning a child with any form of SEN that is more than minor or trivial],which the school cannot justify, and
FAILURE TO MAKE REASONBLE ADJUSTMENTS to ensure the child is not at a substantial disadvantage compared to others.
It also states on Section 4:6 that..... a child may have significant behaviour difficulites and these may relate to an underlying physical or mental impairement which amounts to a disability as defined by The Act. If they do, the child will be covered by The Act by reason of the Underlying Imparement.

Hope this is of some use!
Good luck xx

Thanks mccn.

will think how to phrase letter.