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.
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 discipline (Module 19). Building the legacy: IDEA 2004 training curriculum, by R. Bradley, R., 2007, Washington, DC: National Dissemination Center for Children with Disabilities.
address the questions that follow. Support your answers with references to specific sections of IDEA where applicable.
What will the special education teacher need to do next because of Charlie’s 13-day suspension?
Who will need to be contacted regarding Charlie’s suspension?
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.
What disciplinary actions are permissible?
What, if any, services will be provided to Charlie for the duration of the disciplinary action?
What happens if Charlie’s parents appeal the manifestation determination?
Support your findings with a 2-3 scholarly resources in addition to IDEA.
Full Answer Section
- Monitor Charlie's progress and make adjustments to his educational plan as needed.
Who will need to be contacted regarding Charlie’s suspension?
The following people will need to be contacted regarding Charlie's suspension:
- Charlie's parents or guardians
- Charlie's IEP team members
- The principal of Charlie's school
- The IAES where Charlie will be placed during his suspension
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?
Charlie must receive educational services during his removal to an IAES. The IEP team will be responsible for developing a plan to ensure that Charlie continues to receive FAPE. The stakeholders involved in this discussion include:
- Charlie's parents or guardians
- Charlie's IEP team members
- The principal of Charlie's school
- The IAES where Charlie will be placed during his suspension
Assume a manifestation determination review is held for Charlie, and it is determined that his behavior was not a manifestation of his disability. What disciplinary actions are permissible?
If Charlie's behavior was not a manifestation of his disability, the school may discipline him in the same way that they would discipline any other student. This may include suspension, expulsion, or other disciplinary actions.
What, if any, services will be provided to Charlie for the duration of the disciplinary action?
Charlie will continue to receive educational services for the duration of the disciplinary action. The IEP team will be responsible for developing a plan to ensure that Charlie continues to receive FAPE. This may involve providing Charlie with educational services in an IAES.
References to specific sections of IDEA
The following sections of IDEA are relevant to the above discussion:
- Section 612(a)(1)(A)(i): This section requires that schools provide FAPE to all students with disabilities, regardless of their disciplinary status.
- Section 615(k)(1)(A): This section prohibits schools from suspending or expelling students with disabilities for more than 10 days in a school year without providing them with educational services in an IAES.
- Section 615(k)(3)(A): This section requires schools to hold a manifestation determination review before disciplining a student with a disability for more than 10 days in a school year.
Additional Information
It is important to note that the school must provide Charlie with FAPE, even if he is suspended or expelled. This means that the school must provide Charlie with educational services that are appropriate for his needs and that will enable him to make progress in his education.
The school must also follow the procedures outlined in IDEA before disciplining Charlie. This includes holding a manifestation determination review to determine whether Charlie's behavior was a manifestation of his disability. If Charlie's behavior was a manifestation of his disability, the school cannot discipline him in the same way that they would discipline any other student.
If you have any further questions about Charlie's situation, you should contact his IEP team members or the special education director at your school district.