| School discipline procedures for Special Education Students | |
| Students enrolled in special education services are served and protected by a legal document called an Individualized Education Program (IEP). Besides specifically outlining educational procedures for the student, the IEP establishes procedural safeguards regarding how a student can be disciplined. Bartlesville Public Schools must uphold federal and state laws when disciplining all Special Education students. | |
| The Federal law known as IDEA, was originally passed in 1975, guaranteeing the nation’s 6.5 million students with disabilities the right to a free, appropriate public education. However, the law’s language regarding disciplining those students has become a major point of contention among educators, parents, and legislators. In fact, the last reauthorization of the IDEA in 1997 stretched over three years, mostly because of bitter debate on discipline issues. The final decision: a student’s disability must be a factor in determining appropriate –and legal –punishment. | |
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Under current law, when a special education student misbehaves in public school, an investigation process, called a manifestation determination, is required. School professionals investigate the incidents, called a manifestation determination, to determine whether the student’s behavior was due to his or her disabilities. One immediate stipulation for special education students with an IEP is they cannot be suspended long-term for actions related to their disabilities, this is in place partly to protect students from long stretches without educational services. A school can suspend a student with an IEP for up to 45 calendar days (not school days) for serious infractions such as bringing a weapon to school, or illegal drug incidents. However, the law requires alternative educational services must be provided after the tenth day. Bartlesville Public Schools offers Alternate Placement Education afternoons at the Mid-High. This program allows students who are under discipline action to continue to earn credits toward graduation. Only with the very extreme behavior will a special education student be removed from Alternate Education. The next phase is a home study program where an educator will visit and teach the student in the home. This is in accordance with State and Federal laws by maintaining educational services to IEP students. “In reality the number of students requiring severe discipline procedures is a very small percentage, less than 40 Special Education students use the Alternate Placement program in the entire school year,” said Teresa Ledbetter, Director of Bartlesville Public Schools Special Services. With the beginning of a new semester or school year, a student’s slate is “wiped clean” and they are placed back into the regular school system. However, school educators will put new strategies in place to help curb the student’s behavior. Many critics of the discipline procedures see special education students not receiving the same punishments as students without an IEP and feel it is unfair. The reality is Bartlesville Public Schools –as all public schools-- must follow the law and honor the stipulations required by the IEP. The main crux of federal law regarding special education students is if the student has the capacity to understand what he or she did was wrong and to learn lessons from the consequences. In our next article you’ll meet a local family who have set up a fund for Special Education needs of the Bartlesville Public School students and see how you can get involved and make a difference.
Bartlesville Public Schools, Christina Hoskin, Community Relations Supervisor |
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