Thanks for the replies ,

Master of none ,
I can understand if the food was messy of course i wouldn't be too happy to see someone throwing it from distance away . But it was just a tiny piece of bread , the leftover from chicken sandwich so i know it wasn't that messy .

Our DS was not like this before we enrolled him in this school , yes he's no angel , but he's not a trouble maker like they make him to be . Not to mention thinking maybe we should medicate our perfectly fine DS .

We did have him evaluated , in fact we gave the school the letter that the pyschiatrist gave to us that she did an evaluation on DS and found that DS didn't have any mood disorder , DS probably will benefit on getting an IQ test , and as far as him being argumentative , maybe he can work with the therapist . As a result , the school wanted him to be evaluated by the school's therapist that specialized in autism children . We refused and we said we'll go our own way to have him seeing therapist . We did couple of weeks ago , that's when the therapist said that the teacher doesn't like our DS , she can tell from the nitpicking the teacher wrote on the communication cards daily . From dissambeling pencil , to spinning ruler , to talking during silent lunch . But seriously though , do you blame him ? if he's done with his job within 15 minutes and having to wait for another 30 minutes not doing anything but reading ?? That's the only thing that they allow DS to do .. i know he loves reading but there is only so much reading one can do .. and sometimes you don't feel like reading all the time either , so there goes him assembling something from 2 mechanical pencils , spinning rulers , being creative creating a person from a pencil and a paper .. but those get him in trouble .

The pyschologist does mention that the school's rules are being ridiculous , and the teacher needs to stop nitpicking every little thing he does , because he started to feel like everything he does is wrong , and people always choose other student over him , he already feels different as it is , but with the school doing all sort of this stuff , it just makes him feel even worse . He wonders why people just don't understand him , why does his teacher likes yelling at him so much .

He has to stay in this school til 4th grade . I've talked with counselor couple months ago , she said she'll work with DS but within these 2 months , she only saw him 2 times !! what good does a counselor do then if she only gets to see him 2 times ?

The private behavior chart does concentrating on the positive behavior but the therapist said things like :
- use time and material wisely <-- this sort of thing is too vague , they need to say what it really is , and being bright kid as he is .. he can manipulate words and and being very technical if you don't say it clearly .

-be respectful to adults and peers <-- this was also considered vague by the therapist , she said it's better if the school said " use kind words , nice words to each other , using flat tone "

And about the note , yes they should have called DH or even me .. to explain things . DS did admit he push and he did wrong , but he found it's unfair that he got punished and the other boy didn't , it's not like he didn't admit he was also wrong . I don't know why the school just don't get this .