Legal action, and at least initially involving an advocate to go through the process is absolutely fundamental. We have had similar issues. I never would have thought to get an advocate until my son was suspended and I knew he was so miserable in school, and after many punitive actions (he is gifted, and after I finally paid outside testing to figure out what was going on he was severe ADHD and PDD/Aspergers). And yes, you can have an IEP for emotional problems, and they would not be allowed to suspend if he has an IEP; and all I can say is GET AN ADVOCATE who knows the process. It cost me her time to attend 4 meetings (about $200 per meeting) and the county will now have to pay private school based on their inability to educate and meet my sons needs. The $800 in meetings is WELL WORTH the private tutition they will now pay.
I want to repeat! Do it, you may not even need the lawyer, just an educational advocate; they charge less than lawyers, but know all the legal processes.
