True or false:
When general education students commit an act of violence or carry a weapon to school, they can be suspended or expelled, but special education students who break the rules can't be suspended or expelled if the behavior is due to their disability.
Answer:
A little of both.
Special education students can be suspended and expelled. But if it is determined that a child's actions were caused by his or her disability, that student may be given special consideration.
"Sometimes, special ed kids do exhibit certain behaviors due to a disability," says Ed Amundson, a special education teacher at C.K. McClatchy High School in Sacramento and a member of the Sacramento City Teachers Association. "If a student with Tourette's syndrome walks down the hall and says 'Kiss my a - ' to a teacher, should we treat it the same way we would if a general education student said that? We have to determine whether the behavior is part of a student's disability. If it is, we have to consider their placement. If it isn't, we must treat them like any other student."
If there is a request to suspend or remove a child from school for more than 10 days, a "manifest determination" hearing is convened. While the process is running its course, the student can be removed from school for up to 45 days. Such hearings involve a review of the student's disability, the student's misconduct and the services provided to the student. The hearing attempts to determine if the student's behavior resulted from the disability; if it was the result of an inappropriate placement or educational program; and if the student cannot distinguish between right and wrong. If any answer is "yes," a student's placement may be changed in lieu of expulsion, as determined by the IEP team. If the answers are "no," the expulsion process is the same as for a child without a disability.
Part of the misconception that special education students are exempt from discipline has to do with the way districts enforce the law, says Amundson. Many districts don't "follow correct procedural safeguards within the law," he says. "Districts are afraid to push the issue. You can't legislate morals and backbone. The problem isn't with the law - it's the way the law is implemented."
Students who have behavior problems alone are not covered by special education, but can cause teachers a great deal of grief, laments Susan Heumphreus, a member of the Fairfield Suisun Unified Teachers Association. "Students with behavior problems alone don't have special treatment or programs. And they can be much more disruptive than many special education students I have had included in my classroom. Unfortunately, there are few programs designed to help them."