SCENARIO: A student that is identified as "other health impaired" assaults a teacher.?

Question

Basically, I want to know what the process is from here - step by step. Is there an IEP? When is the Manifestation Determination meeting? Can the student be expelled? Under what circumstances? Do the special education laws differ from state to state (I thought they were federal)?

Answer 1

Well, the student should already have an IEP if they have already been identified as "other health impaired." If the student does not have an IEP, then one should be provided for them ASAP.  I don't know about the schedule of the manifestation determination meeting, that is a district by district sort of matter.  I think any student who assaults a teacher can be expelled, regardless of disability.  The special education laws are federal, and do not vary from state to state, but implementation of the laws can vary from district to district.  

Good luck,

Dana (attorney, mental health M.S., husband of a special ed. teacher)

Answer 2

Each state interprets IDEA somewhat differently, so there will be some differences.

After the assault, the parent will be notified of a hearing that will happen either the day of the offense or the next day. At that meeting, the administration will inform the parent what they have decided to do about the offense.

If they decided on an alternative placement, then the special ed staffing specialist will call an IEP meeting with in the ten days to decide if the offense is a manifestation of the student's disability and if the IEP can be implemented at the alternate setting. An FBA is requested and a Behavior Invervention Plan is written.

There are several judgment calls in this situation, but with the above offense, having ADHD or another health impairment will not be considered as a manifestation of their disability. Not to mention that this is a zero tolerance offense, so no matter who you are, you will receive either alternate placement, a more restricted environment or possible expulsion. Bear in mind, that with expulsion, the school district is not absolved of its responsibility to educate the child. This is particularly true of special ed kids.

The only three disabilities that at times end up with a positive manifestation determination are Emotional or Behavioral Disturbance, Autism Spectrum Disorder and Traumatic Brain Injury. And, if their IEP can be implemented at the alternative setting, they can still go there.

Answer 3

Manifestation determination meeting where I live have to be done within ten days. The student can not be expelled if the behavior is due to their disability. They can be removed from your classroom if you feel the student might assault you again but services must be provided to the child during their removal if due to their disability. They can not be removed for more than 45 days. I think you need to have an IEP/ARD meeting if you want to remove the student from your room longer than 45 days. This would constitute change of placement. I am pretty sure that it is a Federal law under IDEA. I read about this in a book, I am training to be a special education teacher. I know the situation is diffrent on expulsion if it is due to their disability verses not a part of their disability. I know they can be expelled if it is not. I am not a 100% on it they can if it is.