Can you please give me some key take aways from this article? I believe the assi
ID: 391131 • Letter: C
Question
Can you please give me some key take aways from this article?
I believe the assistant principal was being cautious. Administration may report any crime committed by a student to the appropriate law enforcement agency. The assistant principal should provide copies of the student’s records, including the IEP and any previous disciplinary actions. A school has a duty to prevent reasonably foreseeable risks of injury to students. An court could find the administrator liable for not taking action to prevent a risk of injury. The district’s zero tolerance policies should be followed as well but taking into account a student’s constitutional rights.
Students may be disciplined by school authorities for any behavior that is not associated with their disability, using regular disciplinary procedures, as reflected in school policies. I do not see how giving another student medication would have anything to do with the disability but more information would be needed here to know for sure.
The assistant principal could have suspended the student out of school for ten days. The stay-put law does not apply because the violation involved the illegal use of drugs. During this time, a planning and placement team or IEP team could have a hearing/meeting to decide if a change of placement is needed. Once the new placement is decided special education services should continue.
The IDEA does not prevent law enforcement from operating as normal to impose the law. If the parents want to make a claim, the burden of proof is on the parents. They must demonstrate that the child's behavior was related to his or her disability.
Regarding suspension and expulsion, Justice WIlliam Brennan wrote in a Supreme Court ruling of Honig v. Doe, according to IDEA, states may not remove students with disabilities from the classroom for violent or disruptive acts stemming from their disability. Although schools may use their regular procedures when a student poses an immediate threat to school safety. They may be suspended up ten days without a hearing into whether the student’s acts were a manifestation of his/her disability. This is the same for nondisabled students, they do not need a hearing for a ten day or less suspension period. I feel that giving prescription medication to another student would be considered a threat to school safety.
A student’s least restrictive environment for learning will vary from student to student. The least restrictive environment is a student’s best place for meaningful learning to happen. This could be in a regular classroom with a special education teacher or general education teacher. It might homeschool or full-time special education classrooms.
Inclusion’s purpose is to ensure that children with disabilities are placed in regular classrooms fulltime to maximize their learning potential. Mainstreaming is allowing special education students in the classroom throughout day to participate in a lesson to see if the student is ready to manage regular education classes.
Explanation / Answer
First para of the article is concerned with the disciplinary proceedings exists in a school that what should be the procedure if a student is guilty of mis conduct, will he be punish as per school guidelines or as per state laws and who shall be responsible whether school or student himself. The writer here interprets that school has the primary responsibility of its students. They must act proactively and take every precaution against what might result into injury to any student. If it is found that school doesn’t take the enough precautions or negligent, it shall be held accountable but at the same time, student is acceptable if he does anything against school policies and ethical practises. If the student is disable and he does something by the same reason and school is aware of, in that case, school shall be responsible not the student. The burden of proof will lie on the parents as to why their child should not be punished.
Later, it says the principle of equality must be followed for the students. If the student is suffering from the disability, just by this reason he must not be expelled rather if he causes anything which is against safety he can be suspended for few days like other students. Regular procedures to be followed.
Unnecessary restrictions in the school would not give the class an extra facility to learn and experience the things and would cause boredom. Placing of students with disability with general class students would increase the positive competition and an encouragement towards learning and growing. It will an chance to learn new things from new perspective as Afterall they have to work with those normal human in the market.