Analyzing a Court Decision

1. Analyzing a Court Decision An overview of IDEA/Discipline presented by Bart Fennemore

2. 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

3. 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

4. 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.”

5. 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

6. 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