ADAMS TWP — The first threatening statement that Nicholas Simon made against another Mars Middle School student got him a suspension. The next such incident got him another suspension, but this time his mother fought the district claiming it had failed her son.

Laura Glatz thought the district should have come up with a behavior plan for her son after the first incident that would have prevented the second one.

She says the federal government requires a district to offer a behavior plan to any student who has an Individual Educational Plan.

These plans, known as IEPs, are individually prescribed plans of how the district will educate a child who has some special needs. Nicholas has such a plan.

Glatz says the district failed to give her son a behavior plan and two hearing examiners agreed with her.

As a result of those hearings, the district gave Nicholas a behavior plan.

For its part, the district disagrees with Glatz's position, saying that such plans don't go to everyone with an IEP, but only those students who qualify for one.

To qualify for a behavior plan under state and federal guidelines, a child must demonstrate the disruptive, harmful behavior repetitively, said Susan Cunnup, director of special education and pupil services at Mars. She said the behavior also must be the result of the disability identified on the student's IEP.

Cunnup said the behavior plans in place at Mars involved students with more severe disabilities. She said a behavior plan is not a one-time resource used to prevent a student who is being disciplined from being suspended. Cunnup said when a student is violent or threatening, that is covered under the state safety act.

"The point being, we have to separate discipline issues from behavior planning," Cunnup said.

She said a student with an IEP gets a behavior plan when the behavior is linked to a recognized problem as identified in the IEP.

Nicholas' IEP says he suffers from speech and language difficulties as well as a learning disability. Glatz says her son has attention deficit hyperactivity disorder, which she says makes him unable to control the impulse to make threatening statements.

However, his IEP does not mention the disorder.

Glatz said in a behavior plan, the student sits down with professionals and talks about appropriate and inappropriate behavior. But she said Mars administrators told her the district does not provide behavior plans.

Glatz's attorney, Lilian Akin of Pittsburgh, said federal law mandates that districts offer behavior plans to students with IEPs. Glatz said Mars simply doesn't want to go to the time and work to formulate behavior plans for IEP students.

Glatz said a due process hearing held at the administration building in the spring followed by an appeal to the state Department of Education vindicated her by forcing the district to formulate a behavior plan for Nicholas.

Glatz said the victory will benefit all IEP students at the middle school, and maybe throughout the whole district.

"This is going to open doors for many, many parents," said Glatz. "This is what I want these parents to know."

Akin said the hearing officer and the appeals panel were charged with deciding three issues:

n Did the school district violate Glatz's parental rights because they did not ask her for input at a determination hearing regarding Nicholas?

• Was Nicholas' behavior a manifestation of his disabilities?

• Does Nicholas' latest IEP properly address his behavior?

The hearing officer and later, the appeals panel, ruled in favor of Glatz on all three issues.

The state education department did not return telephone calls for comment on the Glatz case.

Glatz also said the district's terroristic threats policy should be revised to take into account each child's individual needs.

"It can't be a blanket, zero-tolerance policy," Glatz said.

Glatz said another result of her success in defending Nicholas is a new social skills group at Mars Middle School. She said any student the principal thinks would benefit from the group is invited to attend. She said middle school guidance counselor Eileen Deklewa is running the program.

Meanwhile, the diminutive Nicholas Simon will continue attending the middle school, where he is an honor roll student. Glatz said she hopes Mars has learned a lesson about denying students certain services.

"It's a disgrace," she said.

But Cunnup said the district affords students every program available.

"People think (a behavior plan) is a safety net, and that's the problem," she said.