The district and school disciplinary process that governs the disciplinary actions of all students in school communities is the same process governing special education students. Discipline should be progressive and fair given the severity of the incident. Below is a case scenario of an incident that occurred in a middle school between two 7th grade students (one a regular education student and the other a mainstreamed EBD (Emotionally/Behaviorally Disabled) 7th grade student in a math class.
Scenario:
Natalie and Jocelyn were involved in a fight during a math class. Jocelyn started the fight by hitting Natalie repeatedly upside her head causing a big lump to form because
Natalie looked at her funny. Natalie had an opportunity to walk away, but decided to engage and knocked Jocelyn to the floor and proceeded to hit her repeatedly in response. The teacher tried to separate the two girls unsuccessfully. Security was called to intervene and break up the fight which totally disrupted the learning experience for the other 25 students eager to learn about computational problem solving. Both students were taken to the 7th grade Administrator for disciplinary action.
For Natalie, the regular education 7th grade student, the discipline was straight off the district rubric of disciplinary actions: Fighting-3 day suspension with a Re-entry meeting and parent conference. The parents appealed the suspension to the Principal due to extenuating circumstances. After reviewing the NDA (Notice of Disciplinary Action) and meeting with the 7th grade Administrator, parents and student, the Principal rescinded the disciplinary action after a Doctor’s medical report determined that Natalie’s head injury provoked her irrational behavior to retaliate.
For Jocelyn, the 7th grade EDB special education student, the discipline followed the district rubric and the IEP (Individual Education Program) expectations: Assault-Long term suspension. Emergency Exclusion for Safety reasons.
The police and EMT (Emergency Medical Technicians) were called due to the Natalie’s head injury. Natalie’s parents declined to press charges and her head injury didn’t require hospitalization. Jocelyn was put on a long term suspension for the remainder of the school year. In Part II, Jocelyn’s disciplinary actions are explored through the first contact with the special education case manager, the IEP manifestation determination, and the FAPE (Free Appropriate Public Education).
Continue reading Discipline of Special Education Students - Part II.
Also check for more information in Anne Vize's article "Challenging Behavior-How to Stay Safe in Class."