Analyzing a Court Decision

An overview of IDEA/Discipline

presented by Bart Fennemore

Disciplining Case: Honig v. Doe Court: 484 U.S. 305 (1988)

The Stay-put Provision Students that are deemed a danger to themselves or others are able

to be removed from the classroom; their placement will not change until court proceedings have concluded.

Study carrels Timeouts Detentions Restriction of privileges Up to 10 school days temporary suspension in the case that they pose

an immediate threat to the safety of others. During the time that a student is outside of the classroom gives

schools the ability to... Review the IEP of the student Persuade the parents to agree to a change in placement

PARENTAL CONSENT IS KEY - The protections for disabled students are put in place in case parents do not agree with school recommendations/requests.

Seek the aid of the courts in the case that things have not be resolved

Disciplining

Case: PARC v. Pennsylvania Case: Mills v. Board of Education

Dealt with the exclusion of "hard-to-handle" disabled students

Case: Texas City Independent School District v. Jorstad Court: 752 F. Supp. 231 (S.D. Tex. 1990)

School was allowed to change the placement of an aggressive student with multiple disabilities

List of offensives 30 assaults on others Running into other classrooms Attempted jumping from a second story window Extensive damage to a time-out room Extensive use of profanities Attempted running in front of a moving car

Amendments to IDEA 20 U.S.C. §1415 (2004)

Special circumstances for removal Not more than 45 days Possession of a weapon Possession, use, selling (or solicitation of the sale) of illegal

drugs/controlled substance Inflicted serious bodily injury on another

Meaning of terms 18 U.S.C. §930 (2006)

Weapon means "a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.“

Controlled Substances Act, 21 U.S.C. §812 (2006) Illegal drugs means "a controlled substance (that is not legally possessed

or used)" as defined by CSA 18 U.S.C. §1365 (2006)

Serious bodily injury means "bodily injury which involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.”

IDEA allows… Students to be removed from the classroom setting if they violate

the school's code of student conduct regardless of disability for up to ten days

If the incident is concluded to not be a manifestation of the student's disability then they may be disciplined to the same degree that any other student would be, however they must receive a Free Appropriate Public Education (FAPE)

Manifestation must be determined through review of IEP, teacher observations, other relevant information

Behavioral invention plans can be produced

34 C.F.R. §300.526(c)(4) (1999) 45 day alternative placement may not exceeded but additional 45 day

extensions may be requested

34 C.F.R. §300.523(a) (1999) "Manifestation determinations are only required when a child is subjected

to a disciplinary change of placement.”

34 C.F.R. §300.519(b) (1999) Change in placement: removed for more than 10 days consecutively or in

a pattern that results in more than 10 days of removal

Change of Placement

Case: Clyde K. v. Puyallup School District Court: 35 F.3d 1396 (9th Cir. 1994)

Students can be removed from the regular classroom when their disability-related behavior is excessively disruptive

Permanent Change of Placement Change the IEP in order to make placement

and transportation changes permanent