Discipline Process

Steps to Take After a 13-Day Suspension

To ascertain whether Charlie’s activities result from his impairment, the special education teacher must undertake a manifestation determination review, or MDR (Manifestation Determination, 2017). To determine whether the features of his handicap caused Charlie’s behavior, it is crucial to undertake an MDR (“Manifestation Determination,” 2017). They must also ascertain whether his teacher’s improper implementation of his IEP was the cause of his outbursts (“Manifestation Determination,” 2017). The incident will be handled as if he did not have a handicap (“Manifestation Determination,” 2017) if it is found that his condition did not cause it. But if his impairment is to blame, a functional behavior assessment must be performed if there isn’t already one (“Manifestation Determination,” 2017). To prevent this conduct in the future, a behavior intervention plan may also be put into practice (“Manifestation Determination,” 2017). If the teacher’s improper implementation of the student’s IEP is to blame, the teacher must act right once to correct the problem (“Manifestation Determination,” 2017).

Contact Information for Suspension

First, since he is their child, the parents must be informed about the suspension. Additionally, the suspension and subsequent actions must be discussed with the IEP team. The teacher was personally involved, and the principal was previously informed of the situation. Since they might have insightful information about Charlie’s behavior and what to do, it is especially important to contact the special education contact.

The IAES Services

Since this has never happened before, Charlie does not require services during the first 10 days of his interim alternative educational setting (IAES). Additionally, 10 days are allowed before school must resume while Charlie is suspended (see “IDEA’s Regulations on Discipline,” 2017). According to “IDEA’s Regulations on Discipline,” published in 2017: “The next three days must include supplemental material in order to continue their education and services to meet their IEP goal requirements.”

His parents, special education teacher, and general education teacher would all participate in this debate. Charlie will receive services from both the general and special education teachers. Therefore they must participate in this discussion and collaborate. Other IEP team members would also participate.

Conduct sanctions

Charlie will experience the same penalties as someone without a disability if it is determined that his behaviors are not a result of his impairment, following IDEA’s 300.530 Authority of School Personnel (“IDEA’s Regulations on Discipline,” 2017). According to the 2017 “IDEA’s Regulations on Discipline,” he has up to 10 cumulative days before he must continue receiving benefits, including his special education services. Nothing should be done differently than what would happen to his classmates because it is not a symptom of his impairment. Suppose a student violates IDEA’s 300.530 Authority of School Personnel by bringing a weapon to school or inflicting serious bodily damage on someone else. In that case, they may be expelled for up to 45 days. Charlie might face more serious repercussions if he brought a knife to school.

Services Offered During Discipline

The school is not required to offer services or extracurricular activities for the first 10 days (“IDEA’s Regulations on Discipline,” 2017). However, for the extra three days after the “10-day rule,” they must offer both general education and special education services in a different setting (see “IDEA’s Regulations on Discipline,” 2017). To keep up with his peers, Charlie must be given access to general education course material and resources to help him progress toward his IEP goals (see “IDEA’s Regulations on Discipline,” 2017). Charlie will likely receive materials earlier than the minimum 3-day period because parents frequently ask to send things home while their child is suspended so they stay caught up in class.

Determining an Appealing Manifestation

Charlie’s parents may disagree with the manifestation finding per IDEA’s 300.532 Appeal (“IDEA’s Regulations on Discipline,” 2017). If it cannot be settled inside the school, they may even appeal it and request a hearing with a hearing officer (see “IDEA’s Regulations on Discipline,” 2017). If it is highly likely that a student would hurt others while in class, the placement resulting from the manifestation determination may also be challenged (see “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.

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.

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