Discipline Process

Discipline Process

Steps Following 13th-Day Suspension

 The special education teacher must conduct a manifestation determination review, or MDR, to determine whether or not Charlie’s actions are a result of his disability (“Manifestation Determination,” 2017). It is important to conduct an MDR so that they can determine if Charlie acted the way that he did due to the characteristics of his disability (“Manifestation Determination,” 2017). They must also determine if he acted out due to his teacher not implementing his IEP the correct way by following the contents of his IEP (“Manifestation Determination,” 2017). If it is determined that it was not a result of his disability, then the treatment of the situation will be the same as if he did not have a disability (“Manifestation Determination,” 2017). However, if it is a result of his disability, a functional behavior assessment must be carried out if one does not exist (“Manifestation Determination,” 2017). A behavior intervention plan may also be implemented to help prevent this behavior in the future (“Manifestation Determination,” 2017). If it is a result of the teacher not properly implementing his IEP, the teacher must immediately take steps to remedy this situation (“Manifestation Determination,” 2017).

Contacts Regarding Suspension

 Firstly, the parents must be contacted regarding the suspension; he is their child. The IEP team must also be contacted regarding the suspension and the next steps. The principal was already involved, so they are aware of the situation, and the teacher was directly involved. I feel that the special education contact is especially important to contact, since they may have valuable insight regarding Charlie’s behavior and steps to take.

Services During IAES

 Charlie does not need services in the first 10 days of his interim alternative educational setting (IAES) since nothing like this has occurred before, and 10 days are allowed before education must be continued during suspension (“IDEA’s Regulations on Discipline,” 2017). The following three days must contain supplementary material in order to continue their education and services to meet their IEP goal requirements (“IDEA’s Regulations on Discipline,” 2017).

Stakeholders that would be involved in this discussion are his parents, his special education teacher, and his general education teacher. Both the general education teacher and the special education teacher will be providing services to Charlie, so it is important that they are in this discussion and working together. It is also likely that other IEP team members would be involved.

Disciplinary Actions

 According to § 300.530 Authority of School personnel found in IDEA, if it is found that Charlie’s behaviors are not found to be a product of his disability, he will receive the same consequences as someone without a disability (“IDEA’s Regulations on Discipline,” 2017). He will have up to 10 cumulative days until he must continue to receive services, including his special education services, while he is out of the classroom (“IDEA’s Regulations on Discipline,” 2017). Since it is not a manifestation of his disability, there is nothing to do differently than what would happen to his peers. IDEA states in § 300.530 Authority of School personnel that the student may be removed for up to 45 days if they do things like bring a weapon to school or cause severe bodily harm, so if Charlie actually brought a knife to school, he could be looking at more severe consequences.

Services Provided During Disciplinary Action

For the first 10 days, the school is not required to provide any services or curricular supplementation (“IDEA’s Regulations on Discipline,” 2017). However, for the additional 3 days past the “10-day rule,” they must provide both general education and special education services in an alternate environment (“IDEA’s Regulations on Discipline,” 2017). Charlie must be provided with material from the general education classroom so that he can keep up with peers, as well as services to keep advancing him toward his IEP goals (“IDEA’s Regulations on Discipline,” 2017). Often, parents will request materials be sent home while they are on suspension so they don’t fall behind in class, so it is possible Charlie will receive materials before the required 3-day period.

Appealing Manifestation Determination

 According to § 300.532 Appeal found in IDEA, Charlie’s parents may disagree with the manifestation determination (“IDEA’s Regulations on Discipline,” 2017). They may even appeal it and request a hearing with a hearing officer if it cannot be resolved within the school (“IDEA’s Regulations on Discipline,” 2017). The placement due to the manifestation determination may also be appealed if it is highly likely that the student will cause harm to others in the classroom setting (“IDEA’s Regulations on Discipline”, 2017).

References

IDEA’s Regulations on Discipline. (2017, September 17). Center for Parent Information & Resources. Retrieved from https://www.parentcenterhub.org/disciplineregs/#

Manifestation Determination. (2017, September 16). Center for Parent Information & Resources.

Retrieved from https://www.parentcenterhub.org/manifestation/

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Students with disabilities are provided with specific provisions regarding discipline through the law. Special education teachers need to be aware of what the law has outlined for the discipline of students with disabilities, as they will be responsible for implementing these specific guidelines.

Discipline Process

Review the following case scenario to inform the assignment that follows:

Charlie is a fifth grader who receives special education services for a learning disability. He is on grade level in math and two years below grade level in reading. He receives services in a resource setting for one hour each day. Charlie has no history of behavior problems.

Recently, Charlie was caught stealing software from the computer lab at his school. His teacher referred him to the assistant principal, who issued a three-day suspension and required him to return the stolen materials.

On the day of the incident, when Charlie returned to the classroom to gather his belongings, he confronted his teacher. He called her names, threatened to come back to school with a knife to “cut her,” and pretended to swing his fists toward her. Charlie’s teacher called the principal, who, in accordance with the student code of conduct at the school, issued an additional 10-day suspension for Charlie, bringing his total days of suspension to 13.

Note: Adapted from Key issues in the discipline (Module 19). Building the legacy: IDEA 2004 training curriculum, by R. Bradley, R., 2007, Washington, DC: National Dissemination Center for Children with Disabilities.

In 750-1,000 words, address the questions that follow. Support your answers with references to specific sections of IDEA where applicable.

1. What will the special education teacher need to do next because of Charlie’s 13-day suspension?
2. Who will need to be contacted regarding Charlie’s suspension?
3. What services, if any, need to be provided to Charlie during his removal to an interim alternative educational setting (IAES)? Who are the stakeholders involved in this discussion?

Assume a manifestation determination review is held for Charlie, and it is determined that his behavior was not a manifestation of his disability.

1. What disciplinary actions are permissible?
2. What, if any, services will be provided to Charlie for the duration of the disciplinary action?
3. What happens if Charlie’s parents appeal the manifestation determination?

Support your findings with 2-3 scholarly resources in addition to IDEA.